United States Eleventh Circuit

In an action alleging that Toys R Us's pacifier holder infringed plaintiff's copyright in its own similar pacifier holder, summary judgment for defendant is affirmed where: 1) the parties created distinctly different designs from an aesthetic perspective; and 2) no reasonable jury could conclude that the pacifier holders were substantially similar at the protected level.

Appellate Information

• Decided 07/22/2010
• Published 07/23/2010

Judges

• Gerald B. Tjoflat

Court

• United States Eleventh Circuit

Counsel