James Dillon v. BMO Harris Bank, N.A.

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 adequately pled striking similarity notwithstanding “some minor differences” between the copyrighted and the accused designs
• holding that the extrinsic test used to test the sufficiency of a plaintiff's copying allegations on a substantial similarity theory requires a plaintiff to allege the protectable elements of its work that it claims the defendant copied
• finding striking similarity at the pleading stage by comparing the images of the two lace fabric designs and identifying “near[] identical . . . elements [] arranged in virtually the same way” even when the “color, netting, and shape curvature” were slightly different
• “The extrinsic test ‘is an objective comparison of specific expressive elements; it focuses on the articulable similarities between the two works.’”
• “The extrinsic test ‘is an objective comparison of specific expressive elements; it focuses on the articulable similarities between the two works.’”

Source: CourtListener parenthetical corpus (CC0).