Quimbee logo
DMCA.com Protection Status
From our private database of 18,800+ case briefs...

Warner Brothers Entertainment v. One X Productions

United States Court of Appeals for the Eighth Circuit
644 F.3d 584 (2011)


Warner Brothers Entertainment (WB) (plaintiff) owned the copyrights to several Tom & Jerry (T&J) short films, The Wizard of Oz (Oz), and Gone With the Wind (GWW). Publicity materials were distributed for Oz and GWW before the films’ releases, including movie posters and other materials containing still photographs of the films’ characters. Movie posters were also created for each of the T&J short films. Characters from Oz, including Dorothy, were depicted in several variations. GWW’s characters were shown in various outfits and hairstyles. The first T&J poster included pictures of the characters as a generic cat and mouse. None of the films’ promotional materials contained a copyright notice, as required under the 1909 Copyright Act, and thus none of the publicity materials had federal copyright protection. A.V.E.L.A., Incorporated (AVELA) (defendant) obtained restored versions of the original promotional materials and began to license products using images extracted from those materials. Some of AVELA’s products used promotional images in their entireties; some used portions of images; and some used combinations of separate promotional images, such as combining Dorothy from one poster with the Yellow Brick Road from another. Products included T-shirts, lunch boxes, and three-dimensional figures like statutes. WB filed for a permanent injunction, and the district court granted the injunction. AVELA appealed.

Rule of Law


Holding and Reasoning (Gruender, 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 498,000 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 498,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,800 briefs, keyed to 985 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.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial