Kerr v. New Yorker Magazine, Inc.

How courts have described this case

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

• dismissing reverse passing off claim where plaintiff failed to prove substantial similarity in the copyright context
• noting the difference in backgrounds in finding that two images were not substantially similar
• “If the plaintiff is able to make out a prima facie claim for copyright infringement, the defendant may then offer proof if independent creation as an affirmative defense.”
• noting different poses in finding absence of substantial similarity

Source: CourtListener parenthetical corpus (CC0).