United States Fidelity & Guaranty Co. v. Ft. Misery Highway Dist.

How courts have described this case

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

• holding that on defendants' motion for summary judgment, \a determination of substantial similarity requires a 'detailed examination of the works themselves’\
• holding that a list of random similarities is not probative of substantial similarity “because it fails to address the underlying issue: whether a lay observer would consider the works as a whole substantially similar to one another”
• noting that similarity in pace “without more, does not create an issue of overall substantial similarity between the works”
• holding figures of muscular superheroes in fighting poses are examples of scènes à faire
• finding that even though both works involved a dinosaur zoo and both contained electrified fences, automated tours, dinosaur nurseries, and uniformed workers, such elements of settings were “scenes a faire”
• noting that the law requires “the lay observer to focus on similarities rather than differences when evaluating a work. Only when the similarities are insubstantial or unprotectable will a claim fail.”

Source: CourtListener parenthetical corpus (CC0).