· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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