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· 5/27/1994

Fisher-Price, Inc. v. Well-Made Toy Manufacturing Corp.

Citations

  • 25 F.3d 119
  • 30 U.S.P.Q. 2d (BNA) 1954
  • 1994 U.S. App. LEXIS 12535
  • 1994 WL 226982

How courts have described this case

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

  • pre-dating Knitwaves and comparing feature-by-feature only the protectible elements of copyrighted dolls
  • ‘While these dolls have similar body types, the artistic work on the faces is entirely distinct.”
  • “Not all copying constitutes copyright infringement; the copying must amount to an improper or unlawful appropriation.”
  • “Where as here, we compare products that have both protectible and unprotectible elements, we must exclude comparison of the unprotectible elements from our application of the ordinary observer test”
  • “Both sport the same bright, painted eyes, the same skyward gaze, the same knobby nose, and the same cherubic smile.... These dolls do not merely share features that are common to all dolls; they contain virtually identical expressions of those features.”

Source: CourtListener parenthetical corpus (CC0).

Judges: McLaughlin, Conner

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.