Last week a duck was the talk of the town in London. Not just a duck of course, but a giant duck of 15 meters. The duck swam quietly on the Thames unlocking many smiles on happy faces.
Well not only happy faces, as the duck put Dutch artist Florentine Hofman in fire. He developed and designed a giant duck years ago. This duck already swam in Amsterdam and other parts of Holland. According to Hofman it is a clear infringement on his copyrights. “The worst of all is that a British online betting shop is behind the idea and their plan is to stimulate crazy ideas. Obviously, ideas of others.”
An interesting case as the main question is whether a giant duck can be copyright protected. The design of the rubber duck is known for years. Will the ” blowing” effect that makes the item supersized be sufficient in order to get the protection? No, according to a judge in a similar Dutch case concerning giant cushions. There must be extra original elements that justify the protection. And that will be probably the main topic in a possible lawsuit. Is it just a duck or are there any additional elements? And moreover, are these elements copied?
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