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P filed an application for a copyright of his product called a KOOSH ball. P sought to register the KOOSH BALL as a sculptural work. The copyright office replied that the object was basically a sphere and that familiar shapes and symbols are not copyrightable.... nor were simple variations or combinations of basic geometric designs capable of supporting copyright registration. P argued that it was not a familiar shape and that the unique fell merited copyright protection. Those arguments were rejected and eventually after exhausting his administrative remedies, P filed suit in federal court.

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