Tomelleri obtained a federal copyright registration from the United States Copyright Office in 1991 for these four drawings. Among these illustrations were his drawings of a large-mouth bass, a smallmouth bass, a rainbow trout, and a brook trout. Tomelleri negotiated by telephone and correspondence with the South Dakota Department of Game, Fish and Parks ("Department") and entered into an agreement whereby he was paid certain sums of money in return for allowing the Department to use certain of Tomelleri's illustrations in brochures which were distributed throughout the state of South Dakota. He is a noted illustrator who creates drawings of fish. Joseph Tomelleri ("Tomelleri") is a resident of Kansas. Dakotah, Incorporated ("Dakotah") is a South Dakota corporation which manufactures various textiles. Donahoe, Cutler, Donahoe & Mickelson, Sioux Falls, SD, for defendant. Hein, Minneapolis, MN, for plaintiff.īrian J. ![]() DAKOTAH, INCORPORATED, a South Dakota Corporation, Plaintiff,
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