K&L Gates LLP
that it "lacks the authorship necessary to support a copyright claim." Initial Letter Refusing Registration from U.S. Copyright Office to Christopher Verdini at 1 (June 9, 2021).
In a letter dated September 9, 2021, WWE requested that the Office reconsider its initial refusal to register the Work. Letter from Christopher M. Verdini to U.S. Copyright Office (Sept. 9, 2020) ("First Request"). After reviewing the Work in light of the points raised in the First Request, the Office re-evaluated the claims and again concluded that the Work's "individual elements contained within Historic Block Logo do not exhibit a sufficient amount of original and creative authorship to support a copyright registration." Refusal of First Request for Reconsideration from U.S. Copyright Office to Christopher Verdini (Jan. 5, 2022). The Office further concluded that the "overall design" of the Work "is a simple logo consisting of two stylized letters repeated with one 'WF' nestled atop the other," amounting to a "garden-variety configuration." Id. at 3
In a letter dated April 4, 2022, WWE requested that, pursuant to 37 C.F.R. § 202.5(¢), the Office reconsider for a second time its refusal to register the Work. Letter from Christopher M. Verdini to U.S. Copyright Office (Apr. 4, 2022) ("Second Request"). In that letter, WWE asserted that the Work's "creation, selection, combination, and arrangement of the shapes, dimension, scale, and graphic design . . . are unique and artistic elements that demonstrate far more than a 'slight amount' of originality." Id. at 3. Specifically, WWE noted the "particular arrangement of the graphic elements of the Logo 'to create dimension and shading' between the two 'W' letters to create a visual illusion that alludes to the letter 'F.'" Id. at 3 (quoting U.S. Copyright Office Review Board, Re: Registration Decision Regarding Dead Kennedys "DK" Logo; SR 1-7294661771 at 2 (May 7, 2020)); see also Second Request at 3 (discussing an unreported case and Dead Kenneys logo decision in support of WWE's assertion that the Work's selection, combination, and arrangement of elements meet the requisite level of creativity). Additionally, WWE pointed to a previous registration of another WWE logo and argued that the Work should be registered "because it has the same elements of creativity that are present in the [previously registered work] that the Copyright Office has already deemed to demonstrate the modicum of originality and creativity necessary to merit registration." Id. at 4. Lastly, WWE noted that the Work is "extremely well-known and popular." Id.
III. DISCUSSION
After carefully examining the Work and considering the arguments made in the First and Second Requests, the Board finds that the Work does not satisfy the statutory requirements for copyright protection.
Under the Copyright Act, a work can be registered if it is an "original work[] of authorship." 17 U.S.C. § 102(a). As the Supreme Court has explained, the statute requires that works contain "some minimal degree of creativity" to qualify for copyright protection. See Feist Publ'ns, Inc. v. Rural Tel. Serv. Co., 499 U.S. 340, 345 (1991). Though only a "modicum" of creativity is necessary, copyright will not protect works in which "the creative spark is utterly lacking or so trivial as to be virtually nonexistent." Id. at 346, 359.
Some material is so common and uncreative that it cannot meet the statutory requirement for copyright. As set out in the Office’s regulations, copyright does not protect elements such as
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