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· 3/5/1996

Country Kids 'N City Slicks, Inc. v. Vicki Sheen, Bill Sheen, Ladawn Bragg, and Flake Wells, Doing Business as Carousel Kids

Citations

  • 77 F.3d 1280
  • 38 U.S.P.Q. 2d (BNA) 1017
  • 1996 U.S. App. LEXIS 3850
  • 1996 WL 93627

How courts have described this case

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

  • concluding that plaintiff did not have an infringement claim because its dolls were only similar to defendant’s in their size, shape, and medium—attributes inherent in an unprotected idea
  • holding that \wooden form of the traditional paper doll\ is idea not expression
  • noting that there is “no reason” to limit the abstraction- filtration-comparison test to computer software cases
  • finding shape of human body of doll serves a utilitarian purpose and therefore is not protected by Copyright Act
  • vacating and remanding where the appellate court could not “discern whether the district court utilized the correct legal standard ....”
  • distinguishing the idea of a wooden form of traditional paper dolls from a copied doll

Source: CourtListener parenthetical corpus (CC0).

Judges: Brorby, Ebel, Bratton

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.