Legal Opinion

Harper House, Inc. v. Thomas Nelson, Inc.

Court of Appeals for the Ninth Circuit

Decided October 31, 1989No. Nos. 87-6398, 87-6411PublishedCited by 68 opinions

1Opinion of the Court

GOODWIN, Chief Judge:

Defendants appeal a judgment awarding damages for infringement of copyright and unfair competition, arising out of their production and marketing of an “organizer” that closely resembled the product of plaintiff Harper House, Inc.

Harper House’s trial witness described organizers as products intended to help people deal with the tremendous amount of information that they must absorb in order to keep up in a modern, complex world. Harper House’s organizers are supposed to aid memory, to help plan, and to help individuals to be more creative. The organizers’ categories and…

2Cases cited19 opinions

  1. United States v. Winston Bryant McConneyCourt of Appeals for the Ninth Circuit · 1984
  2. Mazer v. SteinSupreme Court of the United States · 1954
  3. Johnson & Johnson v. Carter-Wallace, Inc.Court of Appeals for the Second Circuit · 1980
  4. U-Haul International, Inc., an Oregon Corp. v. Jartran, Inc., a Florida Corporation, and James A. RyderCourt of Appeals for the Ninth Circuit · 1986
  5. Otis Clapp & Son, Inc. v. Filmore Vitamin Company D/B/A Medique ProductsCourt of Appeals for the Seventh Circuit · 1985

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3Cited by68 opinions

  1. TrafficSchool.com, Inc. v. Edriver Inc.Court of Appeals for the Ninth Circuit · 2011
  2. Alpo Petfoods, Inc. v. Ralston Purina CompanyCourt of Appeals for the D.C. Circuit · 1990
  3. James W. Cleary v. News Corporation and Harpercollins Publishers, Inc.Court of Appeals for the Ninth Circuit · 1994
  4. Southland Sod Farms v. Stover Seed Co.Court of Appeals for the Ninth Circuit · 1997
  5. Apple Computer, Inc. v. Microsoft Corp.Court of Appeals for the Ninth Circuit · 1994

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