"First in Flight" design, and as such has no ownerships rights in the design. (See 3M Def.'s Mot. at 7-8, incorporated by reference in State Def.'s Mot.) In the alternative, defendants contend that if plaintiff is the creator of the design, he is not the owner of the design, as it was created while plaintiff was in the employ of Prison Industries, and as a work made for hire, the "First in Flight" design is owned by Prison Industries, and therefore owned by the State of North Carolina. (See id. at 13-14.) Defendants also contend that plaintiff's claim is barred by laches because of the thirteen year delay between 1983, when he discovered that North Carolina was using the design on its license plate, and 1996, when hein 1978, while plaintiff was working, plant superintendent Theodis Strickland approached plaintiff's supervisor, Tony Lewis, and told Lewis that the State needed a new license tag. Plaintiff suggested that the slogan be changed from "First in Freedom" to "First in Flight." Strickland liked the idea and asked plaintiff to create a design for the license plate using a Wright Brothers' airplane. Strickland told plaintiff he would return in two weeks with photographs of early airplanes for plaintiff to use in his design. That same night, in his cell and using his own materials, plaintiff created a design depicting a Wright Brothers-type airplane flying over a stand of sea oats. He left the drawing in his cell.
Two weeks later, while plaintiff was at work in the Sign Shop, Strickland