Thread:GodzillaFan1/@comment-28171460-20181011213457/@comment-28171460-20181128163107

Speirs and Slow Leak own skeletons, and you're all infringing!

— Obviously a joke.

Choice clips from case:
 * The undisputed evidence shows that Jacobus developed a teen-age skeleton figure with red high-top sneakers, baggy shorts and a backward baseball cap as early as 1992, in connection with the "Say Cheese and Die" book. At that time, Speirs had yet to develop Skully.


 * Speirs did depict a humanized skeleton figure on the Lithuania Olympic basketball team T-shirts which were produced in May 1992, a date that may precede Jacobus' creation of the "Say Cheese and Die" cover. But, even assuming that the figure on the T-shirts was in fact available to Jacobus at the time he created his skeletons, Speirs himself concedes that this figure "is not and was not the Skully character." (Speirs Aff. at 7; see also Speirs Ex., Vol. III, at 116-17, 180) More to the point, the T-shirt figure is depicted without a baseball cap or high-top sneakers the only two features that Jacobus could plausibly have copied.

Reference.


 * In short, although a few of the various images of Skully and Curly are somewhat similar, they are far from "so strikingly similar as to preclude the possibility of independent *870 creation." Lipton v. Nature Co., 71 F.3d 464, 471 (2d Cir.1995)