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· 8/30/2005

Kay Berry, Inc. v. Taylor Gifts, Inc. Bandwagon, Inc

Citations

  • 421 F.3d 199
  • 76 U.S.P.Q. 2d (BNA) 1119
  • 2005 U.S. App. LEXIS 18829
  • 2005 WL 2077259

How courts have described this case

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

  • stating that elements that would be expected when two works express same idea or explore same theme are not protected
  • (finding that when an artist combines unprotected elements and adds “his or her own imaginative spark . . . the [artist] is entitled to protection for the result” even if the contribution is only minimal
  • focusing on \the specific combination of elements [ ] employed to give [a work] its unique look\
  • focusing on “the specific combination of elements [] employed to give [a work] its unique look”
  • mentioning the single-unit registration option and concluding the individual works need not be “related,” but not explaining what it means for works to be part of a “single unit”
  • “It is a fundamental premise of copyright law that an author can protect only the expression of an idea, but not the idea itself.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Van Antwerpen, McKee, Van Antwerpen Weis

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.