Lucky Break Wishbone v Sears

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Background:

In a unique case, the creator of a novelty plastic wishbone learned that a major retail chain had not only broken a promise to purchase a million plastic wishbones from his company, Lucky Break, but had copied his design to create a knock-off wishbone overseas which it then used to make millions of dollars in a pre-Thanksgiving promotional campaign.

Our Work:

Prolumina assisted Lucky Break’s attorneys in developing a creative visual theme that took a forensic approach to providing jurors with indelible visuals and impressions that allowed them to find for Lucky Break, awarding nearly $5 million in damages.

Through careful comparison of two designs, one of the country’s foremost authorities on turkey bones found seven key similarities – a seven-point match – that were equated to the identification points on a fingerprint, which our slides made clear to the jurors that the Defendant company had stolen Lucky Break’s design.