· 1/24/2001
Peel & Company Inc v. Rug Market
Citations
- 238 F.3d 391
- 57 U.S.P.Q. 2d (BNA) 1536
- 2001 U.S. App. LEXIS 903
- 2001 WL 21255
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that plaintiff raised a triable issue of access as to whether its rug design “was widely disseminated among those involved in the United States rug trade”
- holding that plaintiff rug wholesaler had raised genuine issue as to whether its designer rug “was widely disseminated among those involved in the United States rug trade”
- finding genuine issue of material fact on substantial similarity where plaintiff claimed that differences between two rugs were “relatively small” and “consistent with shortcuts taken to make a cheap copy”
- finding genuine issue of material fact on substan- tial similarity where plaintiff claimed that differences between two rugs were “relatively small” and “consistent with short- cuts taken to make a cheap copy”
- substantial similarity is to be determined “without any aid or suggestion or critical analysis by others”
- “A fact issue is material if its resolution could affect the outcome of the action.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Higginbotham, Wiener, Dennis
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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