Last Friday, a federal district court in Michigan dismissed the complaint of Richard Pollick, the alleged creator of “diaper jeans,” i.e., disposable baby diapers designed to look like jeans (truly, an invention on par with the piano key neck tie). Pollick registered a copyright for his “Diaper Jeans artwork” in February 1981 and sent the design to Kimberly-Clark Corp. later that year. Kimberly-Clark Corp. eventually started selling Huggies “Jeans Diapers,” and Pollick filed a lawsuit.
Amazingly, this is the second bathroom-related infringement lawsuit to cross our path at Law Law Land in the last few months, proof that you are never truly safe, even on the comfort of your own commode. Unfortunately for Pollick, however, the court took one whiff of his claim and tossed it, ruling that “a simple visual comparison shows that not only are the diapers not substantially similar, they are substantially different….”
Let’s take a look at the evidence. Continue reading the full story . . . »