BKA Holding, LLC v. Sam

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that color scheme “and the arches, scrolls, rows of symbols, etc. on one resemble those on the other”
• noting, in course of applying ordinary observer test, that “[b]oth designs have the same general color”
• stating the question is “whether “the ordinary observer, unless he set out to detect the disparities [in the two works], would be disposed to overlook them, and regard their aesthetic appeal as the same”
• two works are substantially similar where an “ordinary observer, unless he set out to detect the disparities, would be disposed to overlook them, and regard their aesthetic appeal as the same”
• “two works are substantially similar where an ‘ordinary observer, unless he set out to detect the disparities, would be disposed to overlook them, and regard their aesthetic appeal as the same.’”
• “The test for infringement of a copyright is of necessity vague.”

Source: CourtListener parenthetical corpus (CC0).