Substantial Similarity

195 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Arnstein v. Porter
  154 F.2d 464· 2d Cir.· 1946-02-11 ·cited 186×
  The dissenting judge argues that the court should have granted summary judgment for the defendant, finding no legal basis for a plagiarism claim based on the presented evidence.
• SID & Marty Krofft Television Prods., Inc. v. McDONALD'S Corp. & Needham
  562 F.2d 1157· 9th Cir.· 1977-10-12 ·cited 161×
  The court held that the Copyright Act contemplates cumulative recovery of both damages and profits from infringement.
• Bateman v. Mnemonics, Inc.
  79 F.3d 1532· 11th Cir.· 1996-03-22 ·cited 89×
  The Eleventh Circuit vacated the district court's judgment on copyright infringement counts for computer software and hardware logic diagrams, remanding for a new trial due to erroneous jury instructions regarding the "abstraction-filtration-comparison" test and the failure to in
• Ferguson v. Nat'l Broad. Co., Inc.
  584 F.2d 111· 5th Cir.· 1978-11-17 ·cited 80×
  The court held that summary judgment for the defendant was proper because the plaintiff failed to provide sufficient evidence of copyright infringement, specifically regarding access or striking similarity between the compositions.
• Durham Indus., Inc. v. Tomy Corp.
  630 F.2d 905· 2d Cir.· 1980-09-02 ·cited 77×
  The court held that Tomy's Disney figures lacked sufficient originality to be copyrightable, and that its miscellaneous toys, while validly copyrighted, were not substantially similar to the accused copies in their protected expression.
• Hoehling v. Universal City Studios, Inc.
  618 F.2d 972· 2d Cir.· 1980-03-25 ·cited 71×
  The court held that interpretations of historical events, factual information, and stock scenes (scenes a faire) are not copyrightable, and therefore, subsequent authors using such elements cannot be found to have infringed copyright, even if their works are substantially similar
• Twentieth Century-Fox Film Corp. v. MCA, Inc.
  715 F.2d 1327· 9th Cir.· 1983-01-11 ·cited 68×
  The court held that the films raised genuine issues of material fact regarding substantial similarity, precluding summary judgment.
• Herbert Rosenthal Jewelry Corp. v. Edward and Lucy Kalpakian
  446 F.2d 738· 9th Cir.· 1971-07-07 ·cited 66×
  The court held that when the idea and its expression are inseparable, copying the expression is not barred by copyright, as doing so would grant a patent-like monopoly without meeting patent law requirements.
• Atari, Inc. v. N. Am. Philips Consumer Elecs. Corp.
  672 F.2d 607· 7th Cir.· 1982-03-02 ·cited 63×
  The court held that the defendant's K. C. Munchkin appropriated protectable expression from the plaintiff's PAC-MAN audiovisual work, specifically its characters, warranting reversal of the denial of a preliminary injunction.
• Warner Bros. Inc. v. Am. Broad. Cos., Inc.
  720 F.2d 231· 2d Cir.· 1983-10-06 ·cited 62×
  The court held that the "Greatest American Hero" character was not substantially similar to Superman as a matter of law, thus dismissing copyright infringement claims. It also affirmed the dismissal of unfair competition claims based on lack of public confusion.
• Ideal TOY Corp. v. Fab-Lu Ltd. (Inc.) & David Faber
  360 F.2d 1021· 2d Cir.· 1966-05-23 ·cited 60×
  The court affirmed the denial of a preliminary injunction for copyright infringement, finding no abuse of discretion by the lower court.
• Litchfield v. Spielberg
  736 F.2d 1352· 9th Cir.· 1984-07-06 ·cited 59×
  Summary judgment was proper because no reasonable jury could find substantial similarity between the plaintiff's play and the defendant's film in either ideas or expression.
• Hale v. Firestone Tire & Rubber Co.
  756 F.2d 1322· 8th Cir.· 1985-03-13 ·cited 56×
  The court held that the district court erred in refusing to instruct the jury on contributory fault and in admitting evidence of dissimilar prior accidents and experiments, requiring reversal and remand.
• Cooling Sys. & Flexibles, Inc. v. Stuart Radiator, Inc.
  777 F.2d 485· 9th Cir.· 1985-11-27 ·cited 55×
  The court held that a typographical error in a copyright registration certificate was harmless, the Manufacturing Clause was not applicable, and the omission of copyright notice dedicated the catalog's arrangement to the public domain, thus affirming the dismissal of the infringe
• Reyher v. Child's. Television Workshop & Tuesday Publ'ns, Inc.
  533 F.2d 87· 2d Cir.· 1976-04-05 ·cited 55×
  The court held that while the district court erred in characterizing the plaintiff's work as a derivative work, the dismissal of the copyright infringement claim is affirmed because the similarities between the two works relate only to non-copyrightable ideas and not to their spe
• Universal Pictures Co., Inc. v. Harold Lloyd Corp.
  162 F.2d 354· 9th Cir.· 1947-05-12 ·cited 55×
  A motion picture photoplay is a dramatic work subject to copyright protection, and substantial copying of a vital sequence constitutes infringement, making even a contributing writer liable for damages.
• MCA, Inc. v. Wilson
  677 F.2d 180· 2d Cir.· 1981-07-30 ·cited 54×
  The defendants' sexual satire, which used a copyrighted song to parody contemporary mores rather than the song itself, constituted fair use under the Copyright Act. The use was not excessive and did not serve as a market substitute for the original work.
• Universal Athletic Sales Co. v. Salkeld
  511 F.2d 904· 3d Cir.· 1975-02-28 ·cited 54×
  The court held that summary judgment for copyright infringement was improper because the similarities between the charts were not substantial enough to constitute unlawful appropriation, and therefore, the contempt citation must also be vacated.
• Roth Greeting Cards v. United Card Co.
  429 F.2d 1106· 9th Cir.· 1970-07-10 ·cited 48×
  The dissenting judge would affirm the lower court's decision, disagreeing with the majority's finding of copyright infringement.
• Whelan Assocs., Inc. v. Jaslow Dental Lab., Inc.
  797 F.2d 1222· 3d Cir.· 1986-08-04 ·cited 47×
  The court held that the structure and organization of a computer program are protectible by copyright, not just the literal code, and that substantial similarity in structure can constitute infringement.
• Novelty Textile Mills, Inc. v. Joan Fabrics Corp.
  558 F.2d 1090· 2d Cir.· 1977-07-12 ·cited 47×
  The court held that color is an element of a copyrighted textile design and that certain of the defendant's fabrics were substantially similar, while others were not.
• Hessen v. Jaguar Cars, Inc.
  915 F.2d 641· 11th Cir.· 1990-10-24 ·cited 45×
  The court held that sufficient evidence of damages and causation was presented, and that the admission of recall evidence and evidence of other complaints was not an abuse of discretion.
• United States v. Carlton Bernard Brown
  903 F.2d 540· 8th Cir.· 1990-05-10 ·cited 44×
  The court affirmed the conviction but vacated the sentence, remanding for resentencing because the district court may have improperly believed it lacked authority to depart downward from the career offender guidelines.
• Selle v. Gibb
  741 F.2d 896· 7th Cir.· 1984-07-23 ·cited 44×
  The court held that a plaintiff must present sufficient evidence to support a reasonable possibility of access, and "striking similarity" alone is insufficient if other explanations for the similarity exist.
• United States v. Taxe
  540 F.2d 961· 9th Cir.· 1976-06-08 ·cited 42×
  The court held that the 1971 Sound Recording Amendment is constitutional and that the jury instructions and evidentiary rulings were largely proper, though the imposition of prosecution costs on one defendant was vacated.
• Bellsouth Advertising & Publ'g Corp. v. Donnelley Info. Publ'g, Inc.
  999 F.2d 1436· 11th Cir.· 1993-09-02 ·cited 41×
  The court held that the plaintiff's yellow pages directory constituted a copyrightable compilation because its selection of classified headings, arrangement of business listings under those headings, selection of businesses with business telephone service, and selection of a geog
• McCULLOCH v. Albert E. Price, Inc.
  823 F.2d 316· 9th Cir.· 1987-07-28 ·cited 39×
  The court held that the district court did not err in finding copyright infringement based on substantial similarity, but reversed and remanded the issue of attorney's fees for an express finding on the basis of the award.
• Peter Letterese & Assocs., Inc. v. World Inst. OF Scientology Enters.
  533 F.3d 1287· 11th Cir.· 2008-07-08 ·cited 37×
  Peter Letterese & Associates, Inc. acquired exclusive rights to Les Dane's book "Big League Sales Closing Techniques" in 1993 and sued three Scientology-affiliated entities for copyright infringement based on their incorporation of the book's content into instructional courses. T
• Wheeler v. John Deere Co.
  862 F.2d 1404· 10th Cir.· 1988-12-02 ·cited 36×
  The court held that admitting evidence of other accidents to impeach an expert without a finding of substantial similarity, and admitting evidence of subsequent design changes after a stipulation of feasibility, constituted reversible error.
• Hartman v. Hallmark Cards
  833 F.2d 117· 8th Cir.· 1987-11-12 ·cited 35×
  The court held that summary judgment was appropriate because the works were not substantially similar and that the district court did not abuse its discretion in denying attorney fees.
• Nachtsheim v. Beech Aircraft Corp.
  847 F.2d 1261· 7th Cir.· 1988-05-26 ·cited 34×
  The court held that the district court did not abuse its discretion in excluding evidence of a prior similar accident and in redacting a portion of an incident report, as the evidence was not substantially similar or was unduly prejudicial.
• Roulo v. Russ Berrie & Co., Inc.
  886 F.2d 931· 7th Cir.· 1989-10-02 ·cited 33×
  The court held that there was sufficient evidence for the jury to find trade-dress and copyright infringement, and that the plaintiff did not abandon her trade dress. The court also affirmed the district court's rulings on damages and expert testimony.
• Walker v. Time Life Films, Inc.
  784 F.2d 44· 2d Cir.· 1986-01-07 ·cited 31×
  The court held that no reasonable observer could find substantial similarity between the protectible elements of the plaintiff's book and the defendants' film, and that the district court did not abuse its discretion in its other rulings.
• Eckes v. Card Prices Update and Suffolk Collectables
  736 F.2d 859· 2d Cir.· 1984-06-08 ·cited 31×
  The court held that the appellee companies infringed upon the copyright of the appellants' baseball card price guide by copying its selection of premium cards and common errors, despite the district court's finding of no substantial similarity.
• Kamar Int'l, Inc. v. Russ Berrie & Co.
  657 F.2d 1059· 9th Cir.· 1981-09-28 ·cited 31×
  The court held that the district court erred in invalidating copyrights for stuffed animals and in its infringement analysis, but correctly found no Lanham Act violation. The case is remanded for further proceedings on the copyright claims.
• Warner Bros. Inc. v. Am. Broad. Cos., Inc.
  654 F.2d 204· 2d Cir.· 1981-07-17 ·cited 31×
  The court affirmed the denial of a preliminary injunction, holding that the defendant's television series 'The Greatest American Hero' was not substantially similar to the plaintiffs' Superman works to constitute copyright infringement, and that public confusion was unlikely for
• Ramseyer v. Gen. Motors Corp.
  417 F.2d 859· 8th Cir.· 1969-10-29 ·cited 31×
  The court held that the trial court did not err in its jury instructions or evidentiary rulings, and the jury's findings were supported by the evidence presented.
• Concord Fabrics, Inc. v. Marcus Bros. Textile Corp.
  409 F.2d 1315· 2d Cir.· 1969-03-12 ·cited 31×
  The court held that the district court erred in denying a preliminary injunction because the allegedly infringing design was substantially similar to the copyrighted design.
• Computer Assocs. Int'l, Inc. v. Altai, Inc.
  982 F.2d 693· 2d Cir.· 1992-06-22 ·cited 28×
• Eden Toys, Inc. v. Florelee Undergarment Co., Inc.
  697 F.2d 27· 2d Cir.· 1982-12-02 ·cited 28×
  The court held that the district court erred in dismissing the copyright infringement claim based on insufficient originality and that the Lanham Act claim for false designation of origin was properly granted.
• Austris A. Wihtol v. Wells
  231 F.2d 550· 7th Cir.· 1956-04-12 ·cited 27×
  The court held that the defendant's musical composition infringed the plaintiff's copyrighted work, and that the plaintiff's copyright was valid despite the melody's origin in a public domain folksong.
• United Tel. Co. OF Mo. v. Johnson Publ'g Co., Inc.
  855 F.2d 604· 8th Cir.· 1988-08-31 ·cited 26×
  The court held that Johnson's copying of new and updated listings from United Telephone's copyrighted directory constituted copyright infringement, and that Johnson's fair use and copyright misuse defenses were invalid.
• Berkic v. Crichton
  761 F.2d 1289· 9th Cir.· 1985-03-11 ·cited 26×
  The court held that the plaintiff's works were not substantially similar to the defendants' work, either in idea or expression, thus affirming the grant of summary judgment.
• Landsberg v. Scrabble Crossword Game Players, Inc.
  736 F.2d 485· 9th Cir.· 1984-03-05 ·cited 26×
  The court held that the defendant's actions did not constitute copyright infringement because the similarities between the works related to unprotectable ideas or stock expressions, but remanded for consideration of a breach of contract claim.
• Plains Cotton Coop. Ass'n OF Lubbock v. Goodpasture Computer Serv., Inc.
  807 F.2d 1256· 5th Cir.· 1987-01-21 ·cited 25×
  The court affirmed the denial of a preliminary injunction, holding that the appellant failed to demonstrate a substantial likelihood of success on the merits or irreparable harm for its copyright infringement and trade secret misappropriation claims.
• Frybarger v. Int'l Bus. Machs. Corp.
  812 F.2d 525· 9th Cir.· 1987-03-10 ·cited 24×
  The court held that summary judgment was appropriate because no reasonable jury could find substantial similarity between the plaintiff's and defendant's works, as the similar features were either unprotectible ideas or indispensable expressions of those ideas.
• Miller's ALE House, Inc. v. Boynton Carolina ALE House, LLC
  702 F.3d 1312· 11th Cir.· 2012-12-20 ·cited 22×
  Miller's Ale House sued Boynton Carolina Ale House for trademark infringement, trade dress infringement, and copyright infringement under the Lanham Act and Copyright Act. The Eleventh Circuit affirmed summary judgment for Boynton Carolina on all claims, holding that the term "al
• Kregos v. The Associated Press & Sports Features Syndicate, Inc.
  937 F.2d 700· 2d Cir.· 1991-06-11 ·cited 22×
  The court held that the plaintiff's pitching form was uncopyrightable because the idea of selecting and presenting specific baseball statistics to predict game outcomes had merged with its expression, meaning there were no alternative ways to express the idea.
• Jason v. Fonda
  698 F.2d 966· 9th Cir.· 1982-12-01 ·cited 22×
  The court held that the plaintiff failed to show a genuine issue of material fact regarding copyright infringement and that dismissal of pendent state claims was proper.
• Art Rogers v. Koons
  960 F.2d 301· 2d Cir.· 1992-04-02 ·cited 21×
  The court held that the sculptor's creation of a sculpture substantially similar to a copyrighted photograph, without authorization and without constituting a parody, constituted copyright infringement, and that fair use did not apply.