Quimbee logo
DMCA.com Protection Status
From our private database of 15,900+ case briefs...

Pivot Point, International, Inc. v. Charlene Products, Inc.

United States Court of Appeals for the Seventh Circuit
372 F.3d 913 (2004)


Pivot Point International, Incorporated (Pivot Point) (plaintiff) developed and sold training aids and tools to the hair-design industry. Pivot Point sold mannequin slip-ons, which are facial forms, and hair pieces. Pivot Point’s founder, Leo Passage, wanted to make a mannequin head that imitated the look of high-fashion models. The mannequin head was to be marketed as a high-end product line to be used in hair-design competitions. Passage hired a German artist, Horst Heerlein, to design a sculpture of a female head to that effect, but provided no additional guidance or requirements. Heerlein’s final sculpture, called Mara, was turned into a wax mold that was, in turn, used by a Hong Kong manufacturer to produce Mara mannequin heads. The first Mara heads that Passage inspected had a hairline that was too far back on the mannequin’s head. Another hairline was added in the correct location, but that first lot was shipped with two hairlines underneath the hair. The Mara was popular, and Pivot Point began offering mannequin heads with the same facial features but different hair and skin colors, labeling each with a different name. Charlene Products, Incorporated (Charlene) (defendant) began selling a mannequin head, which they called Liza, with very similar facial features and the double hairline from the first lot of Mara mannequins. After Charlene refused to stop importing and selling the Liza mannequin, Pivot Point sued Charlene for copyright infringement. The district court determined that the Mara mannequin could not be copyrighted and thus granted summary judgment for Charlene. Pivot Point appealed the decision.

Rule of Law


Holding and Reasoning (Ripple, J.)

Dissent (Kanne, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 342,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 15,900 briefs, keyed to 215 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.