Russ Berrie & Co., Inc. v. Jerry Elsner Co., Inc.

How courts have described this case

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

• deciding that differences in plush and stuffing, skin tone, and facial dimensions are not enough to prove defendant had original design
• competing Santas have something of the same aesthetic appeal due to features common to all Santas but facial features different
• copyright not enforced, since plaintiff’s explanation for his failure to disclose pre-existing work to Copyright Office was not credible
• copyright claimant intentionally failed to disclose that copyrighted work was not wholly original
• plaintiff deliberately concealed fact that work was based on prior works

Source: CourtListener parenthetical corpus (CC0).