Wednesday, May 19, 2010

Educational Toy Companies

The demand for children's educational toys is rising. This is because more and more parents are appreciating the value these products bring to their kids - who wouldn't want something that has learning and play combined into one fantastic product?

In fact, in 2005 alone, while the sales of traditional toys like Hot Wheels and Barbie dolls declined, sales of educational toys skyrocketed, with popular children's educational toy manufacturer LeapFrog seeing its figures increase by a whopping 120 percent.

LeapFrog's most popular educational toy to date is the Leapster L-Max Learning Game System. It is created especially for elementary level children and preschoolers. It carries a variety of games and can easily be plugged into any monitor or television set to play on the large screen. It is a kiddie alternative to the PlayStation.

It is for this reason that toy manufacturers all over the world are upping their ante on children's educational toys and have begun making their own product lines to try to emulate the success experienced by LeapFrog.

Chicago-based toy manufacturer PIL has also come up with toys that are based on popular family movies for its Story Reader electronic book. Some of the films that have been adapted include The Lion King, The Incredibles, and Chicken Little. The product has long term value because children only need to buy the device one time and just purchase story cartridges, thereafter.

Walt Disney Co's Disney Consumer Products, for instance, came up with a new educational game titled "Finding Nemo: Learning With Nemo", which features an underwater adventure that teaches children number and letter recognition in the preschool level. The company has also partnered with V-Tech to manufacture a device that teaches children how to use the phone properly and instills correct telephone etiquette, called the Call 'N Learn Phone.

Another toy company, Warner Bros Consumer Products also teamed up with major toy manufacturers to create educational toys and games based on its popular animated series', like Batman and Looney Tunes. Even Scooby-Doo was not spared from having a Vtech smartridge created in its name; where children are being taught math, logic and spelling, all while going through a haunted adventure at an amusement park.

Toy manufacturers are increasingly realizing the gains that educational toys can bring to their revenues. Thus, their researchers constantly try to develop new products that tickle parents' and children's hunger for so-called combination toys.

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Tuesday, May 18, 2010

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Monday, May 17, 2010

Congress Considers Copyright Protection For Fashion Designs

Being intellectual property lawyers, our office frequently receives calls from young entrepreneurs asking us to copyright their latest fashion design. Sadly, we tell them that copyright does not offer the protection they seek and, in fact, they will have to enter the market place with the expectation that their designs, if good enough, will inspire "knock off" copies.

This state of affairs may change, however, should the Design Piracy Prohibition Act (H.R. 2196) become law. The bill, which was introduced in April by William (Bill) Delahunt, U.S. Representative, Massachusetts 10th District, offers copyright protection to fashion designs broadly defined as clothing, handbags, duffel bags, tote bags, and eyeglass frames.

The proposed legislation amends Chapter 13 of the Copyright Act, which offers design protection to a single category of useful articles, the design of boat hulls. Under current law, fashion designs are deemed "useful articles," defined by the Copyright Act as "an article having an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information." 17 U.S.C. § 101.

Designs of useful articles can be protected under current copyright law "only if, and only to the extent that, such design incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article." Limited protection may be afforded by trademark (trade dress) and patent (design patents) law; however, these have not been practical alternatives for the fashion industry.

The proposed law provides only a three-year term of protection for fashion designs because fashion trends are typically short-lived. Other features of the bill provide that applications be filed with the U.S. Copyright Office, which would be required to maintain a publicly accessible, computerized database of protected fashion designs, including images. The bill makes protection unavailable for fashion designs that have been made public by the designer more than six months before the application for registration. It also narrows the definition of "innocent infringement" to impose liability for those who had a reasonable grounds to believe that design protection was claimed; and increases damages for infringement.

Keep in mind that Congress' previous attempts at providing copyright protection for fashion designs have been largely unsuccessful. We will follow this bill with interest. Click here to review and track this legislation.

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Sunday, May 16, 2010

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Review of the Book Theif by Markus Zusak

The book thief is an exceptional book about Nazi Germany in the years of a holocaust. The story is narrated by death and speaks mainly about a poor German girl. It's quite an interesting take on that period of time seeing as how most books about that time concentrate on the Jews.

The portrayal of the characters by Markus Zusak is impeccable. He has the astounding capability of entering the heads of a German child, a Jew and many more. This book has a way of showing not only the problems of other nationality during that time-line but those of the impoverished Germans as well.

This book holds within, naturally, many tales of death, snippets of a love story, much heroism but most of all it concentrates on one emotion, angst. The main character, Liesel, the German child, meets death for the first time when on the train with her brother and mother. They were meant to be adopted when they left the train but only one came out alive. Her brother died on the way. Her mother leaves her then with two strangers before leaving herself. Later, it is said that she was taken by Hitler though the reason is not explained.

An odd relationship forms between Leisel and Max, the Jewish fist fighter, when he is forced to ask for shelter from a man who had promised to help years ago, Leisel's foster-father. It is one that defies all odds at the time. It shows, more than anything else, the ability of a child to see the truth and kindness in anyone, even when she is told by her surroundings that he is one to despise.

Stories of death are not told with a gruesome twist but still invoke the inevitable feeling of loss.

It is a marvelous tale and highly recommended.

If not for all the facts above it is worth it just to find that Death himself has quite the heart.

The book Theif - Markus Zusak

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Saturday, May 15, 2010

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