Justia Copyright Opinion Summaries

Articles Posted in US Court of Appeals for the Tenth Circuit
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Since 2007, EC Design, LLC, sold its popular personal organizer, the LifePlanner. In 2015, Craft Smith, Inc., wanting to enter the personal-organizer market, reached out to EC Design about a possible collaboration. EC Design and Craft Smith couldn't agree to a collaboration. Craft Smith, with input from Michaels Stores, Inc., designed and developed a personal organizer to sell in Michaels stores, leading to this action in Utah federal district court. EC Design claims the Craft Smith and Michaels product infringed on the LifePlanner’s registered compilation copyright and unregistered trade dress. The district court disagreed, granting summary judgment in favor of Craft Smith and Michaels (collectively, the Appellees) on both issues. On the copyright issue, the district court concluded that EC Design did not own a valid copyright in its asserted LifePlanner compilation. On trade dress, the district court held that EC Design had failed to create a genuine issue of material fact over whether the LifePlanner’s trade dress had acquired secondary meaning. Though the Tenth Circuit disagreed with how the district court framed the copyright issue, the Tenth Circuit affirmed because no reasonable juror could conclude that the allegedly infringing aspects of Appellees’ organizer were substantially similar to the protected expression in the LifePlanner compilation. With respect to the trade dress issue, the Tenth Circuit agreed with the district court: EC Design had failed to create a genuine issue of material fact over whether the LifePlanner’s trade dress had acquired secondary meaning. Summary judgment as to both claims was affirmed. View "Craft Smith v. EC Design" on Justia Law

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These appeals involves a sculptural work called “the Maniken,” which portrays the human body. The defendant, Balanced Body University, bought several Manikens and used them to advertise and instruct students on human anatomy. Jon Zahourek and his company Zahourek Systems, Inc., sued for copyright infringement (among other claims). The district court granted summary judgment to Balanced Body University on the copyright-infringement claim, concluding that the Maniken was unprotected as a “useful article.” If the Maniken was a useful article, it wouldn’t ordinarily be protectible under the copyright laws. The Tenth Circuit concluded that a genuine issue of material fact existed on whether the Maniken was a useful article. View "Zahourek Systems v. Balanced Body University" on Justia Law

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This appeal grew out of Brent Sloan’s participation in two transactions: (1) a merger between Advanced Recovery Systems, LLC and Kinum, Inc.; and (2) the sale of software from Kinum to Sajax Software, LLC. American Agencies, LLC alleged harm from these transactions and sued Sloan for damages and restitution. After the close of evidence, Sloan filed a motion for judgment as a matter of law. Following the denial of this motion, a jury found Sloan liable on American Agencies’ claims of tortious interference with business relations, conspiracy to interfere with business relations, tortious interference with contract, copyright infringement, unjust enrichment, and misappropriation of trade secrets. Sloan unsuccessfully renewed his motion for judgment as a matter of law. After the district court denied this motion, Sloan appealed. The Tenth Circuit affirmed in part and reversed in part finding Sloan did not preserve his arguments as to tortious interference with business relations, conspiracy to interfere with business relations, and tortious interference with contract. The Tenth Circuit agreed the district court erred in instructing the jury on improper means, and the Court concurred with Sloan that on the claim of unjust enrichment, the jury could not have reasonably inferred the value of a benefit to him. View "Sloan v. American Agencies, LLC" on Justia Law