Copyright Review Board
United States Copyright Office • 101 Independence Avenue SE • Washington, DC 20559-6000
James Mitchell, Esq.
Mitchell IP Law, PLLC
1595 Galbraith Avenue SE
Grand Rapids, MI 49546
Re: | Second Request for Reconsideration for Refusal to Register Fruit Bunch (SR # 1-9895700671; Correspondence ID: 1-4SI85UP) |
Dear Mr. Mitchell:
The Review Board of the United States Copyright Office ("Board") has considered Graceland Fruit, Inc.'s ("Graceland") second request for reconsideration of the Registration Program's refusal to register a two-dimensional artwork claim in the work titled "Fruit Bunch" ("Work"). After reviewing the application, deposit copy, and relevant correspondence, along with the arguments in the second request for reconsideration, the Board affirms the Registration Program's denial of registration.
I. DESCRIPTION OF THE WORK
The Work is a two-dimensional, multi-colored graphic design. The design consists of six equally sized colored circles in staggered pairs, one red, one magenta, and one purple. Centered above the middle pair of circles are two mirrored diamond-like shapes, each a different shade of green with two pointed and two rounded edges. The Work resembles a bunch of berries with leaves. The Work is as follows:
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II. ADMINISTRATIVE RECORD
On November 19, 2020, Graceland filed an application to register a copyright claim in the Work. In a December 8, 2020, letter, a Copyright Office registration specialist refused to