United States Sporting Products, Inc. v. Johnny Stewart Game Calls, Inc.
Texas Court of Appeals, 10th District (Waco)
1Opinion of the Court
OPINION
VANCE, Justice.
Johnny Stewart started his business, Johnny Stewart Game Calls, Inc. (Game Calls), by venturing into the wild and either recording animal sounds in the animals’ natural habitats or capturing the animals to record their sounds in a more conducive setting. The recording process itself was long and labor intensive. Stewart travelled extensively to gather a variety of sounds. To get a satisfactory sample, he would record an animal on several occasions, attempting to eliminate unwanted background noise such as an airplane overhead or a passing automobile. Even then, the…
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