Legal Opinion
Folio Impressions, Inc. v. Byer California MacY New York, Inc. Lida Manufacturing Co. And John Does--20
Court of Appeals for the Second Circuit
Decided June 27, 1991No. 1125, Docket 90-9005PublishedCited by 157 opinions
1Opinion of the Court
CARDAMONE, Circuit Judge:
Intense competition in the field of fabric designs to be used for women’s clothes is nothing new, and is perhaps prompted by the fact that a fashion idea, here a rose, lives little longer than the bloom of the flowers whose image it uses. In this copyright infringement suit with respect to a fabric design used in such manufacture, we consider three separate claimed infringements: (1) a design of a rose for which plaintiff had a registered copyright; (2) the placement of that rose repeated in horizontal rows against an ornate background; and (3) the background itself.…
2Cases cited21 opinions
- Feist Publications, Inc. v. Rural Telephone Service Co.Supreme Court of the United States · 1991
- Arnstein v. PorterCourt of Appeals for the Second Circuit · 1946
- Peter Pan Fabrics, Inc. And Henry Glass & Co. v. Martin Weiner Corp.Court of Appeals for the Second Circuit · 1960
- Thomas Walker v. Time Life Films, Inc., David Susskind, Gill Champion, Martin Richards and Heywood GouldCourt of Appeals for the Second Circuit · 1986
- Burrow-Giles Lithographic Co. v. SaronySupreme Court of the United States · 1884
16 more not listed; retrieve them via the Exa API.
3Cited by157 opinions
- Salinger v. ColtingCourt of Appeals for the Second Circuit · 2010
- Yurman Design, Inc. Plaintiff-Appellee-Cross-Appellant v. Paj, Inc., Doing Business as Prime Art & Jewel, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 2001
- Knitwaves, Inc., Plaintiff-Appellee-Cross-Appellant v. Lollytogs Ltd. (Inc.) D/B/A French Toast, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1995
- Peter F. Gaito Architecture, LLC v. Simone Development Corp.Court of Appeals for the Second Circuit · 2010
- Wildlife Express Corporation v. Carol Wright Sales, IncorporatedCourt of Appeals for the Seventh Circuit · 1994
152 more not listed; retrieve them via the Exa API.