Based on a wire sculpture, Brandir International, Inc. (Brandir) (plaintiff) created the Ribbon Rack, a bike rack consisting of looped, bent tubing. Brandir made minor adjustments to the original sculpture for functional purposes, such as widening the upper loops so that bikes could park below as well as above the loops. The U.S. Copyright Office denied Brandir a copyright for the Ribbon Rack. Cascade Pacific Lumber Co. (defendant) sold a similar bike rack. Brandir brought suit for copyright infringement. The United States District Court for the Southern District of New York granted Cascade summary judgment. Brandir appealed.