United States Copyright Office
Library of Congress • 101 Independence Avenue SE • Washington, DC 20559-6000 • www
September 11, 2013
Cowan, Liebowitz & Latman, P.C.
Attn: Thomas Kjellberg
1133 Avenue of the Americas
New York, NY 10036
| Re: | Discover It Design Correspondence ID: 1-F1FGW4 |
Dear Mr. Kjellberg:
The Review Board of the United States Copyright Office (the "Board") is in receipt of your second request for reconsideration of the Registration Program's refusal to register the work entitled: Discover It Design. You submitted this request on behalf of your client, Discover Financial Services, (the "Applicant") on June 19, 2013.
The Board has examined the application, the deposit copies, and all of the correspondence in this case. After careful consideration of the arguments in your second request for reconsideration, the Board affirms the Registration Program's denial of registration of this copyright claim. The Board's reasoning is set forth below. Pursuant to 37 C.F.R. § 202.5(g), this decision constitutes final agency action on this matter.
I. DESCRIPTION OF THE WORK
Discover It Design (the "Work") consists of a metallic blue rectangle with rounded corners. The metallic blue coloring is "shaded" so that it appears to be reflecting light. There is a small, orange semi-circle on the upper portion of the rectangle's right edge. The orange coloring is also "shaded" so that it appears to be reflecting light. White text spelling out the word "it" is printed inside the orange semi-circle. A version of the Applicant's pre-existing logo (the word "DISCOVER" printed in black letters with an orange circle replacing the "O") is printed on the rectangle's upper-left portion.
The below image is a photographic reproduction of the Work from the deposit materials:
