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Jetmax Limited v. Big Lots, Inc.
United States District Court for the Southern District of New York
2017 WL 3726756 (2017)
Jetmax Limited (plaintiff) designed, manufactured, and sold the tear drop light set, a string of ornamental lights with sculpted, tear-drop shaped, decorative covers, eight sets of double grooves, iridescent finishes, and ornamental dangling stones. Jetmax alleged it owned a valid certificate of copyright registration for the tear drop light set. Advance International, Inc. (Advance) (defendant) manufactured the advance light set, which was then sold by Big Lots, Inc. (defendant). The advance light set was also a string of ornamental lights with sculpted, tear-drop shaped decorative covers and eight sets of double grooves. The advance light set did not have ornamental dangling stones or an iridescent finish. Jetmax filed a claim for copyright infringement against Advance and Big Lots and moved for summary judgment. Advance and Big Lots cross-moved for summary judgment, arguing that (1) Jetmax did not have a valid certificate of copyright, and (2) the tear drop light set was not copyrightable because it lacked originality and was a useful article.
Rule of Law
Holding and Reasoning (Forrest, J.)
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