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The Supreme Court affirmed the appeal submitted by Fisher Price and Mattel and ruled that an object worthy of a Design right will not loss its copyright protection.

The appellants, American companies that manufacture a rocking chair for toddlers (bouncer) with an image of a lion on its upholstery,  appealed the decision of the District Court, which ruled that since the companies did not register a design patent on the chair, they are not entitled, neither to design protection nor to copyright protection

The Supreme Court reversed the District’s Court decision and ruled that artworks should not be denied copyright protection merely for being combined in an article worthy of being registered as a design patent. It was explained that when it is possible to identify the artwork separately from the object, whether in essence (conceptually) or physically, so that the artwork has the capacity of a separate existence, the copyright protection will not be denied.

Fisher Price and Mattel were represented by Ivtsan-Netzer-Wolecki & co.

 The Hebrew judgment can be read here

An article that was published at TheMarker site can be read here

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