Dakotah, Inc. v. Tomelleri

ORDER

KORNMANN, District Judge.

INTRODUCTION

[¶ 1] Dakotah, Incorporated (“Dakotah”) is a South Dakota corporation which manufactures various textiles. Joseph Tomelleri (“Tomelleri”) is a resident of Kansas. He is a noted illustrator who creates drawings of fish. 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…