K&L Gates LLP
value and is not binding upon the Office when it examines any other application." Compendium (Third) § 309.3. Furthermore, WWE contends that the Work is "extremely well-known and popular," Second Request at 4, but again, the "Office will not consider the marketability or commercial success of the work. . . . 'Works may experience commercial success even without originality.'" Compendium (Third) § 310.10 (quoting Paul Morelli Design, Inc. v. Tiffany & Co., 200 F. Supp. 2d 482, 488 (E.D. Pa. 2002)).
IV. CONCLUSION
For the reasons stated herein, the Review Board of the United States Copyright Office affirms the refusal to register the copyright claim in the Work. Pursuant to 37 C.F.R. § 202.5(g), this decision constitutes final agency action in this matter.
A personal signature appears here
U.S. Copyright Office Review Board
Suzanne Wilson, General Counsel and Associate Register of Copyrights
Kimberley Isbell, Deputy Director of Policy and International Affairs
Jordana Rubel, Assistant General Counsel
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