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· 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 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.