Intellectual Property Keyed to Merges
Brandir International, Inc. v. Cascade Pacific Lumber Co
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After seeing undulating wire sculptures, a friend suggested to the artist, the chief owner of Brandir International, Inc. (Brandir) (Plaintiff), that the sculptures would make excellent bicycle racks. Plaintiff then started to manufacture and sell bike racks derived in part from one or more of the works of art. When Plaintiff discovered that Cascade Pacific Lumber (Defendant) was selling a similar product, it included a copyright notice with its products and applied to the Copyright Office for registration. The Copyright Office denied the applications for registration as the bicycle racks did not include any element that was capable of independent existence as a copyrightability, and the district court granted summary judgment on the copyright claim. Plaintiff appealed.
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