Represented U-Haul in a case brought by Boston Copyright Associates LLC, which claims to own the U.S. copyrights in Hummel figurines, for using a two-dimensional drawing on moving supplies that allegedly infringes the “Brother” figurine and the underlying Sister Hummel drawing on which it was based. The copyright in the Brother figurine expired in the 1980s and U-Haul began using the drawing at issue prior to the enactment of the Copyright Restoration Act. We have moved to dismiss the complaint on various grounds, including that the copyright in the Brother figurine does not qualify for copyright restoration and there is no substantial similarity in protectable expression between the U-Haul and Sister Hummel drawings.

Boston Copyright Assoc., Ltd. v. U-Haul Int’l Inc., No. 1:13-cv-12826 (D. Mass. filed Nov. 7, 2013)

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