Monthly Archive: October 2010

Sandi Zimnicki v. General Foam Plastics Corp., USDC N.D. Illinois, October 4, 2010. Sandi Zimnicki is an artist and a technical consultant for movies including “Home Alone 2”. She has a following of people who collect her holiday miniatures, including deer. Upon finding evidence that defendant, General Foam Plastics, was knocking off her deer designs …

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Doctor’s Associates Inc., V. Vinnie’s Smokehouse/Meat Specialty, LLC & Vincent Batiste, Civil Action No. 10-XXXX, D.C. Eastern District of Louisiana It is surprising how proprietary restaurant interior designs are. Above, from the court record, is the plaintiff’s design which they describe as a uniquely identifiable subway-themed wallpaper, a brick-design wall paper, a mural of vegetables, …

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Express v. Forever 21 (C.D. Cal. Sept. 2, 2010). In pursuing its claims of copyright infringement against Forever 21, Express admits in detail that its design process amounts to taking other garments in the marketplace and then ‘reengineering and redesigning’ until the Express product is ready. Specifically, in this case, Express filed copyright applications claiming …

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Permanent link to this article: http://cobaltlaw.com/patently-plaid-but-plainly-not-protectable/

This case is a layered mess of creative contribution. Zimmerman, an independent ad agency, submits his novel ad concept to the insurance company AFLAC in the theme of, “You Don’t Know Quack”. This is, from the court record, among the images that the little ad agency submitted: AFLAC was interested, but wanted changes. Zimmerman calls …

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Brighton Collectibles v. Coldwater Creek, Southern District of California, Case No. 08-CV-2307-H(POR) Brighton and Coldwater are competitors selling and women’s handbags and accessories into boutique and specialty stores. Brighton alleges in this case that Coldwater infringed the Brighton product line “Melanie” and “Laguna”. In defense, Coldwater moved for summary judgement on the grounds that the …

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Permanent link to this article: http://cobaltlaw.com/challenges-in-iterative-copyright-application-filings/