The United States Court of Appeals for the Third Circuit held last Friday that Fanatics didn’t infringe on a hockey puck-shaped cavity memorabilia item that is “filled with melted club snow from notable sports games” and called” Slice of the Ice.” The use of a “puck shaped thing” predictably and naturally comes from ideas about sports and is therefore not protected by copyright legislation.
William Grondin has created numerous variations of the Cut of the Glacier, as outlined in a decision made by Judge David J. Porter. The monument resembles the Stanley Cup prize and contains water that has been melted from famous NHL games, typically Stanley Cup games. Gordin negotiated licensing agreements with the NHL to obtain the snow, and he later sold his artworks to NHL groups, who in turn sold them to fans.
From court registration and dispute
Grondin has also used direct-to-consumer sales techniques, including Cut of the Glacier, which has been sold on NHL.com and individual group websites. Gordin obtained a trademark registration for Loaf of the Ice from the US Copyright Office in 1998.
Fans sells goods that resemble Slice of the Frost in some way. A clear sports ball filled with melted arena ice is the other.
From court registration and dispute
Grondin contends Cut of the Ice was illegally copied by Fans. He makes use of water from prominent NHL games, a three-dimensional piece of art in the shape of a transparent soccer ball, a hollow chamber that stores waters, and the use of a certificate of integrity attesting the authenticity of the water.
U.S. District Judge Gene E. K. Pratter dismissed the case last year because Grondin allegedly lied about how Fans copied a Section of Cut of the Frost for commercial purposes.
In affirming Pratter’s decision, the Third Circuit expressed some issues with Grondin’s rights idea. One is that while certain gestures of an plan are protected by copyright, thoughts themselves, as well as procedures, techniques and concepts, are not. Thus, no one can “own” the idea of filling sports memorabilia with melted club ice or the idea of providing credentials of integrity. Also, the process of retrieving arena ice is never copyrightable.
The Third Circuit also determined that Fanatics is protected by the French phrase “scenes that must be done” ( Scienes à faire ), which is French for “scenes that must be done” ( Secessité à faire ). The theory states that some elements that naturally result from a basic idea are not copyrightable because holding then would give a “monopoly” on” widespread ideas” is not permissible.
To illustrate, the Third Circuit mentioned a movie about a college fraternity. The movie’s use of wild parties, co-eds and alcohol would be scènes à faire since they’re common plot devices in college frat movies. Similar to the court’s rationaled use of a puck-shaped object is that it naturally derives from hockey ideas.
The Third Circuit also rejected Grondin’s assertion that Slice of the Ice’s” transparency, hollowness and existence of an air bubble” are protected under copyright law. They are not, the court explained, because they’re “utilitarian”, meaning “intrinsically useful for the realization of an idea” and not copyrightable. The transparency, hollowness, and air bubble on Slice of the Ice help to indicate that the product “is filled with melted rink ice.”
The Third Circuit acknowledged that filling a memorabilia product with water might not be the only way to demonstrate it. For instance, material that “noticeably refracts light” could accomplish the same goal. But the court stressed that “does not change” the legal analysis that Fanatics prevails.