The COVID-19 pandemic has caused sweeping changes to our daily lives and the way we interact with one another. Many of these changes have been rather unwelcome. But one pleasant change I have noticed is a significant increase in driveway chalk art. Children across the country now can rest easy knowing they have not infringed a design patent or a copyright by using plastic chalk holders that look like pencils.

Lanard Toys Ltd. is a toy company with design studios outside Los Angeles. In the early 2010s, Lanard designed and sold chalk holders to distributors such as Dolgencorp and retailers such as Toys ‘R’ Us. The chalk holders were designed to look just like No. 2 pencils. In an attempt to protect the design of its toy, Lanard sought and obtained a design patent (D671,167) and registered a U.S. copyright (Reg. VA 1-794-458).