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Stylish Baby Bottoms: Kimberly-Clark Wins Copyright Battle Over Diaper Jeans



by Phillip Barengolts
Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP - Chicago Office

December 29, 2011

Previously published on December 27, 2011

As the father of two little boys, I’ve changed thousands of diapers in the last three years, but never diaper jeans. Apparently, I’m missing out. The owner of a copyright in certain diaper jeans sued Kimberly-Clark, which sold jean diapers. Kimberly-Clark moved to dismiss the claims because the alleged designs were not substantially similar, and prevailed. Pollick v. Kimberly-Clark Corp., Case No. 11-12420 (E.D. Mich. Sep. 23, 2011). The Court stated, “Perhaps frivolous, Plaintiff's complaint was plainly objectively unreasonable,” and granted Kimberly-Clark its attorneys’ fees as well. Images of the plaintiff’s and defendant’s diaper designs are below.


 

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