Legal Opinion
Concrete MacHinery Company, Inc. v. Classic Lawn Ornaments, Inc.
Court of Appeals for the First Circuit
Decided April 5, 1988No. 87-1491PublishedCited by 179 opinions
1Opinion of the Court
TORRUELLA, Circuit Judge.
This is an appeal from the denial of a motion for a preliminary injunction in an action for copyright infringement. We find that the denial was based on an incorrect analysis of appellant’s likelihood of success on the merits of its claim and remand for reconsideration.
I
Appellant Concrete Machinery Company, Inc. (Concrete) manufactures and sells molds to make concrete statues and ornamental articles, such as swans, donkeys, deer, and urns, used primarily for lawn decorations. Many of these designs are to some extent original works for which appellant has secured…
2Cases cited35 opinions
- Harper & Row, Publishers, Inc. v. Nation EnterprisesSupreme Court of the United States · 1985
- Arnstein v. PorterCourt of Appeals for the Second Circuit · 1946
- Mazer v. SteinSupreme Court of the United States · 1954
- Peter Pan Fabrics, Inc. And Henry Glass & Co. v. Martin Weiner Corp.Court of Appeals for the Second Circuit · 1960
- Planned Parenthood League of Massachusetts v. Francis X. BellottiCourt of Appeals for the First Circuit · 1981
30 more not listed; retrieve them via the Exa API.
3Cited by179 opinions
- Computer Associates International, Inc., Plaintiff-Appellant-Cross-Appellee v. Altai, Inc., Defendant-Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 1992
- Data General Corp. v. Grumman Systems Support Corp.Court of Appeals for the First Circuit · 1994
- The Gates Rubber Co. v. Bando Chemical Industries, Ltd.Court of Appeals for the Tenth Circuit · 1993
- Wildlife Express Corporation v. Carol Wright Sales, IncorporatedCourt of Appeals for the Seventh Circuit · 1994
- Lakedreams, a Texas Partnership v. Steve Taylor, D/B/A California T'sCourt of Appeals for the Fifth Circuit · 1991
174 more not listed; retrieve them via the Exa API.