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Can Wood Grain be Copyrighted?

Hilary Sumner

Updated: Feb 2

It may if it is man-made! In copyright law, natural wood grain patterns are ineligible for protection, as these grains are the result of tree growth; however, if an individual creates an original, human-made pattern that mimics or is inspired by wood grain, that design has human authorship and may be eligible for copyright protection. Toppan Interamerica designs, prints and sells decorative papers and films featuring synthetic wood grains that are used on surfaces such as floors, counter tops, cabinets, and furniture. Toppan recently filed suit against Whalen LLC and filed a complaint with the International Trade Commission claiming that Whalen was importing furniture that infringed on Toppan's designs. While protections for man made grain patterns may not be particularly robust, they may still exist.


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