At that time the West Seattle resident was embroiled in a legal fight regarding the plastic turkey wishbone he had invented. After breaking one in1999 he wondered why no one had tried to make a plastic one, giving everyone a chance to make their wishes come true (even vegetarians). He went to extensive lengths to develop the product found initial success and then on the verge of going national, one of his potential customers, Sears, began selling their own version. The problem? It wasn't just competition. It was in Ahroni's view, copyright infringement. That legal fight would prove to be both lengthy and expensive. He won, and was awarded a $1.7 million judgement.
Ken Ahroni in 2009
The details of the case are fascinating and clarify the extent to which Ahroni went to not only develop the original product but the degree to which his copyright was protected.
Those details are now the subject of an article by attorney David Kluft on the Trademark and Copyright Law blog. Kluft explains how Ahroni presented evidence that pointed out the differences and more importantly the similarities (including the promotional language) between his product and the one being sold by Sears. Kluft writes that the "District Court held that the Lucky Break Wishbone was a work of independent authorial creation with just enough creativity to meet the “extremely low” standard for a “thin” copyright protection."
Today Ahroni still sells his product in many local stores such as Fred Meyer, Whole Foods and Party City and around the world, sometimes shipping them in bulk.
