Douglass v. Oemler

How courts have described this case

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

• holding that sale of 17,000 video copies over a thirteen-year period could not be considered widely disseminated
• concluding that the mood of secrecy and mystery in works about the mystery of magic was “generic, constitute^] scenes a faire, and merge[d] with the idea of revealing magic tricks”
• declining to apply the inverse ratio rule at the summary judgment stage because the claims of access were “based on speculation, conjecture, and inference which are far less than the ‘high degree of access’ required for application of the inverse ratio rule”
• “[WJhile there may exist similarities between the magician ‘characters,’ any shared attributes of appearance and mysterious demeanor are generic and common”
• “[W]hile there may exist similarities between the magician ‘characters,’ any shared attributes of appearance and mysterious demeanor are generic and common”

Source: CourtListener parenthetical corpus (CC0).