Avenue S1 llHlUHDC 20559-6000

July 102013

Quarles amp Brady ATIN Anthony Tomaselli and Martha Jahn Snyder

Main

Madison Wisconsin

Re Gyroscope Octagonal Shape and Dimples Correspondence ID 1-3ESZJK

Mr Tomaselli

Review (Board) the States Copyright Office (Office) is in receipt appeal of the decision to refuse registration of the work entitled Gyroscope

and Dimples (the Work) which was the subject of an application authorship received the on March 2008 (A copy of the application is

The Board in its de novo has examined the the and all correspondence concerning this application and for the reasons stated below hereby affirms the denial of This decision constitutes action this matter 37 sect 2025(g)

I DESCRIPTION THE WORK

Gyroscope Octagonal Shape and Dimples as in the identifying material the of are is a gyroscope The arms of

frame that make up the upper and lower the gyroscope are bronze in color The inner sides of these arms are rounded so that upper lower arms comprise a smooth circular The outer sides of these arms have straight At center of the outer of each

straight sides are concave dimples along additional for bottom points the spin create a roughly decagonal shape The center for (or rotor) of the gyroscope is a yellow both the inner and

of this housing comprise a smooth circular shape The propeller is or cream colored top is a mechanism via a rip-chord that is centrally located around axis Also on the top side black line which begins at the outer of the centrally located of Imposed over the outer portion of this is the word Duncan bordered by a roughly capsule shape black outline the shape of the outline is slightly contoured with the round that the is warped slightly which may as a kidney shape The bottom side of the propeHer is not by the

Quarles amp Brady LLP - 2 - July 102013 Attn Anthony Tomaselli and Martha J ahn Snyder

II ADMINISTRATIVE RECORD

On June 162009 the Office notified the applicants correspondence contact via a letter that it could not register the Work because it lacked authorship necessary to SUppOit a copyright claim Letter from Office to Sonja Stauffacher (June 162009)

In a letter dated September 14 2009 Andrew Norman an attomey at your firm requested reconsideration of the Offices refusal to register the Work which he referred to as Gyroscope Suiface Design setting forth reasons why the Work was copyrightable and should be registered as required by 37 cFR sect 2025(c) Letter from Andrew Norman to Copyright RampP Division (Sept 142009) Mr Norman argued that the Office should register claims in both 3-dimensional and 2shydimensional authorship without acknowledging the fact that the application only included a claim of 3-dimensiona1 authorship Id at 1-2 Attached to this request were photos which Mr Nornlan indicated were identical to the images included with the application (Copies of the photos attached to Mr Normans letter of September 142009 are attached as Exhibit C) With regard to the claims in 3-dimensional authorship Mr Norman asserted that the Work is a toy and its only use is for play by children and adults and that it is not a useful article Id at 1

In a letter dated January 122010 the Office again refused to register the Work Letter from Virginia Giroux-Rollow to Andrew Norman (Jan 122010) Ms Giroux-Rollows letter accepted the assertion that the Works only use is to be played with by both adults and children and treated it as a model that mimics the original useful device Id at l Analyzing the Work as such Ms Giroux-Rollow concluded that there were no elements or features embodied in this work either alone or in combination upon which a copyright registration is possible Id at 1-3

In a letter dated April 92010 you requested that the Office reconsider for a second time its refusal to register the copylight claim in the Work which you referred to as Gyroscope Surface Design Letter from Anthony Tomaselli to Copyright RAC Division (Apr 9 2010) In support of your position that the work should be registered you first pointed to the Offices acceptance that the Work is not a useful article but is instead a toy model Id at 1 You cited to case law expressing that the threshold for copyright protection is low and asselted that the Work satisfied this low threshold Id at 1-2 citing Feist Publ ns Inc v Rural Tel Servo Co 499 US 340 (1991) Eyal RD Corp V

lewelex New York Ltd 576 F Supp 2d 626 634 (SDNY 2008) Weindling Intl Corp V Kolb Katz Inc 2000 WL 1458788 at 4 (SDNY Sept 292000) Kay Berry Inc V Taylor Gifts Inc 421 F3d 199207 Od Cir 2005) Knitwaves Inc V Lolly togs Ltd 71 F3d 996 L003 (2d Cir 1995) You then referred to photos of Gyroscope Swface Design which you attached to the letter Id at 2 (Copies of the photos attached to Mr Tomasellis letter of April 9 20lO as Exhibit A are attached here as Exhibit D) You then described multiple creative elements of the Work including the multicolored frame and the 2-dimensional pattern design on the flywheelrotor Id You stated that it is not necessary that a gyroscope frame be of any particular color or texture or that the flywheellrotor have a particular design Id You also stated that the flywheel rotor is mounted and moves within gimbals within a frame Id You then asserted that the design of the Work is unique and compared the Work to several other gyroscope designs You then cited to Boisson v Banian Ltd 273 F3d 262271 (2d Cir 2001) Nimmer on Copyright sect 214 at 2-1784 and Conquic() Inc v Rodriquez-Miranda 562 F3d 62 69 (l S( Cir 2009) for the proposition that original or idiosyncratic combinations of colors on a work are entitled to copyright protection Id at 2

Quarles amp Brady LLP - 3 - July 102013 Attn Anthony Tomaselli and Martha Jahn Snyder

In a letter dated February 7 2013 Martha Jahn Snyder an attorney at your firm requested an update on the status of the reconsideration and reiterated the view that the Works should be registered Letter from Martha Jahn Snyder to Copyright RAC Division (Feb 72013)

III DECISION

A Useful Articles

CopYlight does not extend to a useful article which is defmed as an article having an intrinsic utilitatian function that is not merely to portray the appearance of the article or to convey information An article that is normally a part of a useful article is considered a useful article 17 USc sect 101 However works of artistic craftsmanship which may be useful articles themselves or incorporated into a useful article can receive protection as pictorial graphic or sculptural works pursuant to 17 USc sect o2(a)(5) This protection is limited though in that it extends only insofar as their form but not their mechanical or utilitarian aspects are concerned d at sect 101 The design of a useful article will be protected only if and only to the extent that such design incorporates pictorial graphic or sculptural features that can be identified separately from and are capable of existing independently of the utilitarian aspects of the article Id

To the extent that you have argued that the Work at issue fits into a supposed toy exception to the useful article doctrine such an argument proceeds from an erroneous understanding of the law There is no toy exception to the useful article doctrine All toys are not de facto copyrightable Instead toys must fall within the subject matter of copyright as set forth in 17 USc sectsect 101 102 Toys that fall into the category of pictorial graphic or sculptural works are generally considered eligible for copyright protection However for toys as well as all items that are alleged to fall within the category of pictorial graphic or sculptural works a finding of copyright protection involves an inquiry as to whether the work is a useful article and if so whether there are features that are separable from the utilitarian aspects of the article and further whether such separable features themselves contain sufficient original authorship See 17 USc sectsect 01 102 Spinmaster Ltd v Overbreak LLC 404 F Supp 2d 1097 11 03 (ND Ill 2005) (With respect to toys only those toys which qualify as pictorial graphic or sculptural works are subject to copyright protection) (emphasis added) Lanard Toys Ltd v Novelty Inc 511 F Supp 2d 0201035 (CD Ca 2007) affd No 08-557952010 WL 1452527 (9th Cir Apr 132010) (Only those toys which qualify as pictorial graphical or sculptural works are subject to copyright protection) (emphasis added)

The Board recognizes that certain toys are copyrightable and observes the Office has registered toys as varied as model aircraft dolls and puppets For example in Gay Toys Inc v Buddy L Corp 703 F2d 970 974 the court determined that the only function of the model airplanes at issue was to portray the real item and they were thus entitled to copyright protection Id However the Board also observes that the Work at issue like the toy motorcycle considered by the court in Kikker 5150 v Kikker 5150 USA LLC not only portrays a real item but is also useful Kikker 5150 v Kikker 5150 USA LLC No C 03-05515 SI 2004 US Dist LEXIS 16859 at 21 (ND CaL Aug 132004)

also some works fail to meet that

is utterly lacking or so trivial as to ~J~~ authorship to there is no

S ] LL~V~ set forth in Feist

-4 July 2013

In that the Work is a useful notes that in its review of the that there is no assertion that the Work is in fact merely a model of a functional toy Indeed request for noted that the flywheel rotor moves within the gimbals indicating the work is not a mere model Letter from Anthony to Copyright RAC Division (Apr 2010) at 2 also notes that the deposited Gyroscope Octagonal Shape and Dimples that the Work is virtually identical to functional gyroscopes that Rambeau markets affHiated company Duncan are represented in various color See Gyroscope XT Duncan yocomlindexphpsiteproducts3706XT -BY notes that are marketed at least in through its

Additionally

VUVUUVUUL tools Science with a lYf()SC()Pe ll~0Y1YIJj2YQfQWmg~Qsect~m~[ID1~~LQampJru (accessed June

rpfltgtrpnIP to the gyroscopes ability to hold its orientation at page 14 This useful) The Offices earlier observation

were initially invented as measuring instruments The Board therefore adheres to by the Office that gyroscopes are

Board finds that none of the design in the description of the Work either physically or conceptually the Works function as a gyroscope

notes at no point did the claimant advance tea(~nulg tool) Additionally the authorship that is separable from the functional Work

B The Originality Threshold

protection is available only for authorship sect found independent rrpltgtT1In

499 creation in question or put to the author Alfred v

191 F2d 99 102 The at value the assertion on that Flambeau Inc is the author of the Work The first component of

satisfied the Boards analysis moves onwards to the second prong of must possess sufficient creativity

(1ptPrnmnno whether a work embodies a amount of creativity to sustain a copyright Board adheres to the standard set forth in in which the Supreme COUl1 required a modicum of creativity to support a claim for protection However the

that [a]s a constitutional a work that possess more than a

there can be no copyright in a work in virtually nonexistent at

to determine that the Work

have cited

on the Work exhibit a any of the additional case law you

registration of 2-dimensional

Quarles amp Brady LLP - 3 - July 102013 Attn Anthony Tomaselli and Martha Jahn Snyder

In a letter dated February 7 2013 Martha Jahn Snyder an attorney at your firm requested an update on the status of the reconsideration and reiterated the view that the Works should be registered Letter from Martha Jahn Snyder to Copyright RAC Division (Feb 72013)

III DECISION

A Useful Articles

CopYlight does not extend to a useful article which is defmed as an article having an intrinsic utilitatian function that is not merely to portray the appearance of the article or to convey information An article that is normally a part of a useful article is considered a useful article 17 USc sect 101 However works of artistic craftsmanship which may be useful articles themselves or incorporated into a useful article can receive protection as pictorial graphic or sculptural works pursuant to 17 USc sect o2(a)(5) This protection is limited though in that it extends only insofar as their form but not their mechanical or utilitarian aspects are concerned d at sect 101 The design of a useful article will be protected only if and only to the extent that such design incorporates pictorial graphic or sculptural features that can be identified separately from and are capable of existing independently of the utilitarian aspects of the article Id

To the extent that you have argued that the Work at issue fits into a supposed toy exception to the useful article doctrine such an argument proceeds from an erroneous understanding of the law There is no toy exception to the useful article doctrine All toys are not de facto copyrightable Instead toys must fall within the subject matter of copyright as set forth in 17 USc sectsect 101 102 Toys that fall into the category of pictorial graphic or sculptural works are generally considered eligible for copyright protection However for toys as well as all items that are alleged to fall within the category of pictorial graphic or sculptural works a finding of copyright protection involves an inquiry as to whether the work is a useful article and if so whether there are features that are separable from the utilitarian aspects of the article and further whether such separable features themselves contain sufficient original authorship See 17 USc sectsect 01 102 Spinmaster Ltd v Overbreak LLC 404 F Supp 2d 1097 11 03 (ND Ill 2005) (With respect to toys only those toys which qualify as pictorial graphic or sculptural works are subject to copyright protection) (emphasis added) Lanard Toys Ltd v Novelty Inc 511 F Supp 2d 0201035 (CD Ca 2007) affd No 08-557952010 WL 1452527 (9th Cir Apr 132010) (Only those toys which qualify as pictorial graphical or sculptural works are subject to copyright protection) (emphasis added)

The Board recognizes that certain toys are copyrightable and observes the Office has registered toys as varied as model aircraft dolls and puppets For example in Gay Toys Inc v Buddy L Corp 703 F2d 970 974 the court determined that the only function of the model airplanes at issue was to portray the real item and they were thus entitled to copyright protection Id However the Board also observes that the Work at issue like the toy motorcycle considered by the court in Kikker 5150 v Kikker 5150 USA LLC not only portrays a real item but is also useful Kikker 5150 v Kikker 5150 USA LLC No C 03-05515 SI 2004 US Dist LEXIS 16859 at 21 (ND CaL Aug 132004)

also some works fail to meet that

is utterly lacking or so trivial as to ~J~~ authorship to there is no

S ] LL~V~ set forth in Feist

-4 July 2013

In that the Work is a useful notes that in its review of the that there is no assertion that the Work is in fact merely a model of a functional toy Indeed request for noted that the flywheel rotor moves within the gimbals indicating the work is not a mere model Letter from Anthony to Copyright RAC Division (Apr 2010) at 2 also notes that the deposited Gyroscope Octagonal Shape and Dimples that the Work is virtually identical to functional gyroscopes that Rambeau markets affHiated company Duncan are represented in various color See Gyroscope XT Duncan yocomlindexphpsiteproducts3706XT -BY notes that are marketed at least in through its

Additionally

VUVUUVUUL tools Science with a lYf()SC()Pe ll~0Y1YIJj2YQfQWmg~Qsect~m~[ID1~~LQampJru (accessed June

rpfltgtrpnIP to the gyroscopes ability to hold its orientation at page 14 This useful) The Offices earlier observation

were initially invented as measuring instruments The Board therefore adheres to by the Office that gyroscopes are

Board finds that none of the design in the description of the Work either physically or conceptually the Works function as a gyroscope

notes at no point did the claimant advance tea(~nulg tool) Additionally the authorship that is separable from the functional Work

B The Originality Threshold

protection is available only for authorship sect found independent rrpltgtT1In

499 creation in question or put to the author Alfred v

191 F2d 99 102 The at value the assertion on that Flambeau Inc is the author of the Work The first component of

satisfied the Boards analysis moves onwards to the second prong of must possess sufficient creativity

(1ptPrnmnno whether a work embodies a amount of creativity to sustain a copyright Board adheres to the standard set forth in in which the Supreme COUl1 required a modicum of creativity to support a claim for protection However the

that [a]s a constitutional a work that possess more than a

there can be no copyright in a work in virtually nonexistent at

to determine that the Work

have cited

on the Work exhibit a any of the additional case law you

registration of 2-dimensional

also some works fail to meet that

is utterly lacking or so trivial as to ~J~~ authorship to there is no

S ] LL~V~ set forth in Feist

-4 July 2013

In that the Work is a useful notes that in its review of the that there is no assertion that the Work is in fact merely a model of a functional toy Indeed request for noted that the flywheel rotor moves within the gimbals indicating the work is not a mere model Letter from Anthony to Copyright RAC Division (Apr 2010) at 2 also notes that the deposited Gyroscope Octagonal Shape and Dimples that the Work is virtually identical to functional gyroscopes that Rambeau markets affHiated company Duncan are represented in various color See Gyroscope XT Duncan yocomlindexphpsiteproducts3706XT -BY notes that are marketed at least in through its

Additionally

VUVUUVUUL tools Science with a lYf()SC()Pe ll~0Y1YIJj2YQfQWmg~Qsect~m~[ID1~~LQampJru (accessed June

rpfltgtrpnIP to the gyroscopes ability to hold its orientation at page 14 This useful) The Offices earlier observation

were initially invented as measuring instruments The Board therefore adheres to by the Office that gyroscopes are

Board finds that none of the design in the description of the Work either physically or conceptually the Works function as a gyroscope

notes at no point did the claimant advance tea(~nulg tool) Additionally the authorship that is separable from the functional Work

B The Originality Threshold

protection is available only for authorship sect found independent rrpltgtT1In

499 creation in question or put to the author Alfred v

191 F2d 99 102 The at value the assertion on that Flambeau Inc is the author of the Work The first component of

satisfied the Boards analysis moves onwards to the second prong of must possess sufficient creativity

(1ptPrnmnno whether a work embodies a amount of creativity to sustain a copyright Board adheres to the standard set forth in in which the Supreme COUl1 required a modicum of creativity to support a claim for protection However the

that [a]s a constitutional a work that possess more than a

there can be no copyright in a work in virtually nonexistent at

to determine that the Work

have cited

on the Work exhibit a any of the additional case law you

registration of 2-dimensional

Exhibit A

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ulbllafiiofi as a Contribution Ii [hi work V~I pnbl~hetl j u mHnbUllun 10 ~ JXmiddotriod~l1 eriaL or tlkcfionlivt io(mrnm)U alli the Cltllcttln on fa 11110 the nfibul~m aplared 11110 lt111laquo11 Iorl

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made lOt hire check middotYsmiddot In ( Namt of Author

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emptol1 (or orher person lor w this ribnl w tile work Author9 NlIltioTlalih or Domicile Wa~ This AUlhors Contriootion 10 Ihe Work

work lmiddotdf ro blre Name of C)fJntry bull hom the work AnonYUJOlll DYe o Nu was pffpare-d) OYu OR (ilireo of as ~ AlJlhor~ of Dltlmki1ed in _________________ttl porI 8M ON leave the

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author fJveo m SP~( ~

Flambeau Inc 801 Avenue

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PREVIOUS REGllloTRATION Ho es for hi wlt)fl or for on Mrlicr vti of Ihi WOf~ aleady been mado in hlt Cdryri~hl O(rice o y No II lr kCf i middotYltIi why j th~ IlIPMatiun bcin~ so~h (Ch~ck npppriAtt bgt)

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See instructions before oomplebng this spacastatement of the nleriallhru hs becn added to work and in which copyright claimltob

DEPOSIT ACCOUNT Irhe ltimntion 1 to be chaged fO Deit AC1lt tltLhlilthed i Ih Ci)r)i~h Ollielt Ge ame and nuber of 1gt00 Name Acernnll Number

Nordic Group of Companies Ltd bull Attn Sonja A Stauffacher 414 Broadway Sulle 200 Rarahoo VV151911 bull

Area code and daytime elophone numoo (608 ) 356-0136 FIlamp number (608 355middot2280

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Typltd or prillted nami nd lt1gt1 If appiicniofl gives l1 dJfe of publication in sp1C( 31 do not f~ign nd submit it btfort thaI date

Dana Roberts General Counsel

Handwrluen ign (X)

x

Certificate will be mailed In window envelopetothlamp ampddr~

i NordicGrol~p of Companies Ltd

Attn 414 Broadway Suite 200 3

~~~~~-------------------------------------------------------4 ~ U6rary~9ffl

~rs~ Avenue SE WoohinglCln DC 20559-0000

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Tide of This Work NATURE OF THIS WORK Se4rudions

Gyroscope Octogonal Shape and Dimples Shape and Surface

ulbllafiiofi as a Contribution Ii [hi work V~I pnbl~hetl j u mHnbUllun 10 ~ JXmiddotriod~l1 eriaL or tlkcfionlivt io(mrnm)U alli the Cltllcttln on fa 11110 the nfibul~m aplared 11110 lt111laquo11 Iorl

If pllblihed in C periodicl Of laquoal Hi v~

2 NAME OF AUTHOR DATES OF BIRTH AND DEATH

VeM Bom Year Died Flambeau fnc

Wus Ihis lIIbull w Illpound1( bull Allthl)r~ Nationality or Domicile Was This Authors Contributioll mMd for 1l1re Nama of coV

AnunymouI Ylaquo (aNIgtNOTE OR (zen of ___~ ___________V] Yes xeudonymousmiddot Sl Yes ~ No

Dom~kdin ~1~ISULAL_____________Under ih I ~8uMrmiddot oi

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made lOt hire check middotYsmiddot In ( Namt of Author

lhe give ()

Dales of Birth lind Oeath Year 130m Year Died

emptol1 (or orher person lor w this ribnl w tile work Author9 NlIltioTlalih or Domicile Wa~ This AUlhors Contriootion 10 Ihe Work

work lmiddotdf ro blre Name of C)fJntry bull hom the work AnonYUJOlll DYe o Nu was pffpare-d) OYu OR (ilireo of as ~ AlJlhor~ of Dltlmki1ed in _________________ttl porI 8M ON leave the

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COPYKIGHT CLAIMANT(S) Nome aod Jddr fl1Ultl

author fJveo m SP~( ~

Flambeau Inc 801 Avenue

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This InfolIllon COmpl ltl$lnflo Day _~ lear 200411 ONLi IIthi work ~ nn publl_

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FOR COPYRIGHT

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00 NOT WRITE ABOVE THIS LINE IF YOU NEED MORE SPACE USE A SEPARATE CONTINUA110N SHEET

PREVIOUS REGllloTRATION Ho es for hi wlt)fl or for on Mrlicr vti of Ihi WOf~ aleady been mado in hlt Cdryri~hl O(rice o y No II lr kCf i middotYltIi why j th~ IlIPMatiun bcin~ so~h (Ch~ck npppriAtt bgt)

[J ThIS i he nSI puhliheltl edition of Vorl pHly f~ered in unpuhlihed hrn1

b ~ flus ~lt lhe fIrst a(lplkatitm submltcu hy thi iUllhur k1 Lopyn~hi claimam

c~ J Thi i a ifUtllged tr~on of the work lJ shon by ltipace ) On Ihi ltlpplitruion

DERIVATIVE WORK OR COMPILATION Complew buill puc 0 aflltI6h fo u-i1tivc wk complctc (01) 6b (or a compilmion amp PrtexisUng Materhd Identify liny pfe((I~tJng work Of work~ that Jhk work is hMCd on ur inc()rpora[e~

See instructions before oomplebng this spacastatement of the nleriallhru hs becn added to work and in which copyright claimltob

DEPOSIT ACCOUNT Irhe ltimntion 1 to be chaged fO Deit AC1lt tltLhlilthed i Ih Ci)r)i~h Ollielt Ge ame and nuber of 1gt00 Name Acernnll Number

Nordic Group of Companies Ltd bull Attn Sonja A Stauffacher 414 Broadway Sulle 200 Rarahoo VV151911 bull

Area code and daytime elophone numoo (608 ) 356-0136 FIlamp number (608 355middot2280

Em1 sstauffachernordicgroupcom

ched nly one

[ th wOr~ identiJiea ill this pplkation ~nd thai Ih~ Iem made bv me in this pplication are gtned 0 Ib beSI 01 my knlVl~dge

Typltd or prillted nami nd lt1gt1 If appiicniofl gives l1 dJfe of publication in sp1C( 31 do not f~ign nd submit it btfort thaI date

Dana Roberts General Counsel

Handwrluen ign (X)

x

Certificate will be mailed In window envelopetothlamp ampddr~

i NordicGrol~p of Companies Ltd

Attn 414 Broadway Suite 200 3

~~~~~-------------------------------------------------------4 ~ U6rary~9ffl

~rs~ Avenue SE WoohinglCln DC 20559-0000

9

FORM VA

FOR COPYRIGHT

OFFICE USE

ONLY

00 NOT WRITE ABOVE THIS LINE IF YOU NEED MORE SPACE USE A SEPARATE CONTINUA110N SHEET

PREVIOUS REGllloTRATION Ho es for hi wlt)fl or for on Mrlicr vti of Ihi WOf~ aleady been mado in hlt Cdryri~hl O(rice o y No II lr kCf i middotYltIi why j th~ IlIPMatiun bcin~ so~h (Ch~ck npppriAtt bgt)

[J ThIS i he nSI puhliheltl edition of Vorl pHly f~ered in unpuhlihed hrn1

b ~ flus ~lt lhe fIrst a(lplkatitm submltcu hy thi iUllhur k1 Lopyn~hi claimam

c~ J Thi i a ifUtllged tr~on of the work lJ shon by ltipace ) On Ihi ltlpplitruion

DERIVATIVE WORK OR COMPILATION Complew buill puc 0 aflltI6h fo u-i1tivc wk complctc (01) 6b (or a compilmion amp PrtexisUng Materhd Identify liny pfe((I~tJng work Of work~ that Jhk work is hMCd on ur inc()rpora[e~

See instructions before oomplebng this spacastatement of the nleriallhru hs becn added to work and in which copyright claimltob

DEPOSIT ACCOUNT Irhe ltimntion 1 to be chaged fO Deit AC1lt tltLhlilthed i Ih Ci)r)i~h Ollielt Ge ame and nuber of 1gt00 Name Acernnll Number

Nordic Group of Companies Ltd bull Attn Sonja A Stauffacher 414 Broadway Sulle 200 Rarahoo VV151911 bull

Area code and daytime elophone numoo (608 ) 356-0136 FIlamp number (608 355middot2280

Em1 sstauffachernordicgroupcom

ched nly one

[ th wOr~ identiJiea ill this pplkation ~nd thai Ih~ Iem made bv me in this pplication are gtned 0 Ib beSI 01 my knlVl~dge

Typltd or prillted nami nd lt1gt1 If appiicniofl gives l1 dJfe of publication in sp1C( 31 do not f~ign nd submit it btfort thaI date

Dana Roberts General Counsel

Handwrluen ign (X)

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Certificate will be mailed In window envelopetothlamp ampddr~

i NordicGrol~p of Companies Ltd

Attn 414 Broadway Suite 200 3

~~~~~-------------------------------------------------------4 ~ U6rary~9ffl

~rs~ Avenue SE WoohinglCln DC 20559-0000

9

Exhibit B

Height 3350

Height 3350

_ t

Exhibit C

Exhibit [)

EXHI

Quarles Brady 5 - July 102013 Attn Anthony Tomasel1i Martha Jahn Snyder

there tore copyrightability of 2-dimensional elements is not at issue the Board in 2-dimensional authorship at space and at 1 nature of

and smface) I If the claimant to register such a claim it should submit a new appJication the nature of authorship as 2-dimensional authorship and

the nature the work2

IV CONCLUSION

For the reasons stated above the Copyright Office Review Board affirms the to the work entitled Gyroscope Octagonal Shape and Dimples constitutes final action on this matter CFR sect 2025(g)

Maria A Pallante of

By

Member of the Review Board

J In addition to the apparent confusion the nature of the claims of authorship for which registration was sought the Board wishes to point out an the Work itself This is evidenced a comparison between the deposited and the images submitted in the course of the for as well as the inconsistent reference to the title of the work for which was sought See Attachments B and D

2 In any future the claimant should be sure that for include the certification of an actual person which in the case of a paper application should be in the form of a handwritten at space 8

Height 3350

Height 3350

_ t

Exhibit C

Exhibit [)

EXHI

Quarles Brady 5 - July 102013 Attn Anthony Tomasel1i Martha Jahn Snyder

there tore copyrightability of 2-dimensional elements is not at issue the Board in 2-dimensional authorship at space and at 1 nature of

and smface) I If the claimant to register such a claim it should submit a new appJication the nature of authorship as 2-dimensional authorship and

the nature the work2

IV CONCLUSION

For the reasons stated above the Copyright Office Review Board affirms the to the work entitled Gyroscope Octagonal Shape and Dimples constitutes final action on this matter CFR sect 2025(g)

Maria A Pallante of

By

Member of the Review Board

J In addition to the apparent confusion the nature of the claims of authorship for which registration was sought the Board wishes to point out an the Work itself This is evidenced a comparison between the deposited and the images submitted in the course of the for as well as the inconsistent reference to the title of the work for which was sought See Attachments B and D

2 In any future the claimant should be sure that for include the certification of an actual person which in the case of a paper application should be in the form of a handwritten at space 8

Height 3350

_ t

Exhibit C

Exhibit [)

EXHI

Quarles Brady 5 - July 102013 Attn Anthony Tomasel1i Martha Jahn Snyder

there tore copyrightability of 2-dimensional elements is not at issue the Board in 2-dimensional authorship at space and at 1 nature of

and smface) I If the claimant to register such a claim it should submit a new appJication the nature of authorship as 2-dimensional authorship and

the nature the work2

IV CONCLUSION

For the reasons stated above the Copyright Office Review Board affirms the to the work entitled Gyroscope Octagonal Shape and Dimples constitutes final action on this matter CFR sect 2025(g)

Maria A Pallante of

By

Member of the Review Board

J In addition to the apparent confusion the nature of the claims of authorship for which registration was sought the Board wishes to point out an the Work itself This is evidenced a comparison between the deposited and the images submitted in the course of the for as well as the inconsistent reference to the title of the work for which was sought See Attachments B and D

2 In any future the claimant should be sure that for include the certification of an actual person which in the case of a paper application should be in the form of a handwritten at space 8

_ t

Exhibit C

Exhibit [)

EXHI

Quarles Brady 5 - July 102013 Attn Anthony Tomasel1i Martha Jahn Snyder

there tore copyrightability of 2-dimensional elements is not at issue the Board in 2-dimensional authorship at space and at 1 nature of

and smface) I If the claimant to register such a claim it should submit a new appJication the nature of authorship as 2-dimensional authorship and

the nature the work2

IV CONCLUSION

For the reasons stated above the Copyright Office Review Board affirms the to the work entitled Gyroscope Octagonal Shape and Dimples constitutes final action on this matter CFR sect 2025(g)

Maria A Pallante of

By

Member of the Review Board

J In addition to the apparent confusion the nature of the claims of authorship for which registration was sought the Board wishes to point out an the Work itself This is evidenced a comparison between the deposited and the images submitted in the course of the for as well as the inconsistent reference to the title of the work for which was sought See Attachments B and D

2 In any future the claimant should be sure that for include the certification of an actual person which in the case of a paper application should be in the form of a handwritten at space 8

Exhibit C

Exhibit [)

EXHI

Quarles Brady 5 - July 102013 Attn Anthony Tomasel1i Martha Jahn Snyder

there tore copyrightability of 2-dimensional elements is not at issue the Board in 2-dimensional authorship at space and at 1 nature of

and smface) I If the claimant to register such a claim it should submit a new appJication the nature of authorship as 2-dimensional authorship and

the nature the work2

IV CONCLUSION

For the reasons stated above the Copyright Office Review Board affirms the to the work entitled Gyroscope Octagonal Shape and Dimples constitutes final action on this matter CFR sect 2025(g)

Maria A Pallante of

By

Member of the Review Board

J In addition to the apparent confusion the nature of the claims of authorship for which registration was sought the Board wishes to point out an the Work itself This is evidenced a comparison between the deposited and the images submitted in the course of the for as well as the inconsistent reference to the title of the work for which was sought See Attachments B and D

2 In any future the claimant should be sure that for include the certification of an actual person which in the case of a paper application should be in the form of a handwritten at space 8

Exhibit [)

EXHI

Quarles Brady 5 - July 102013 Attn Anthony Tomasel1i Martha Jahn Snyder

there tore copyrightability of 2-dimensional elements is not at issue the Board in 2-dimensional authorship at space and at 1 nature of

and smface) I If the claimant to register such a claim it should submit a new appJication the nature of authorship as 2-dimensional authorship and

the nature the work2

IV CONCLUSION

For the reasons stated above the Copyright Office Review Board affirms the to the work entitled Gyroscope Octagonal Shape and Dimples constitutes final action on this matter CFR sect 2025(g)

Maria A Pallante of

By

Member of the Review Board

J In addition to the apparent confusion the nature of the claims of authorship for which registration was sought the Board wishes to point out an the Work itself This is evidenced a comparison between the deposited and the images submitted in the course of the for as well as the inconsistent reference to the title of the work for which was sought See Attachments B and D

2 In any future the claimant should be sure that for include the certification of an actual person which in the case of a paper application should be in the form of a handwritten at space 8

EXHI

Quarles Brady 5 - July 102013 Attn Anthony Tomasel1i Martha Jahn Snyder

there tore copyrightability of 2-dimensional elements is not at issue the Board in 2-dimensional authorship at space and at 1 nature of

and smface) I If the claimant to register such a claim it should submit a new appJication the nature of authorship as 2-dimensional authorship and

the nature the work2

IV CONCLUSION

For the reasons stated above the Copyright Office Review Board affirms the to the work entitled Gyroscope Octagonal Shape and Dimples constitutes final action on this matter CFR sect 2025(g)

Maria A Pallante of

By

Member of the Review Board

J In addition to the apparent confusion the nature of the claims of authorship for which registration was sought the Board wishes to point out an the Work itself This is evidenced a comparison between the deposited and the images submitted in the course of the for as well as the inconsistent reference to the title of the work for which was sought See Attachments B and D

2 In any future the claimant should be sure that for include the certification of an actual person which in the case of a paper application should be in the form of a handwritten at space 8

Quarles Brady 5 - July 102013 Attn Anthony Tomasel1i Martha Jahn Snyder

there tore copyrightability of 2-dimensional elements is not at issue the Board in 2-dimensional authorship at space and at 1 nature of

and smface) I If the claimant to register such a claim it should submit a new appJication the nature of authorship as 2-dimensional authorship and

the nature the work2

IV CONCLUSION

For the reasons stated above the Copyright Office Review Board affirms the to the work entitled Gyroscope Octagonal Shape and Dimples constitutes final action on this matter CFR sect 2025(g)

Maria A Pallante of

By

Member of the Review Board

J In addition to the apparent confusion the nature of the claims of authorship for which registration was sought the Board wishes to point out an the Work itself This is evidenced a comparison between the deposited and the images submitted in the course of the for as well as the inconsistent reference to the title of the work for which was sought See Attachments B and D

2 In any future the claimant should be sure that for include the certification of an actual person which in the case of a paper application should be in the form of a handwritten at space 8