A Review of 2004 Case Law: Is the Internet Changing Copyright Law or is Copyright Law Changing the Internet?
December 28, 2004
Genal Strap, Inc. v. Dar, 2006 WL 525794 (E.D.N.Y. 2006)
March 3, 2006Odegard Inc. v. Safavieh Carpets Inc., 398 F.Supp.2d 275, 78 U.S.P.Q.2d 1555 (S.D.N.Y. 2005)
Peter Sloane participated in the successful representation of defendant against a claim of copyright infringement in plaintiff's carpet design inspired by an antique Japanese kimono. The court agreed that the appropriate test for substantial similarity was the "more discerning" ordinary observer standard because plaintiff's copyrighted design included many elements in the public domain. Under this stricter standard, plaintiff's copyright protection was limited to the particular selection and arrangement of the public domain elements. Consequently, the court granted summary judgment in favor of defendant and dismissed the case.