Boisson v. Banian, Ltd

273 F.3d 262 (2nd Cir. 2001)

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Nature of the Case

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Facts

P began designing and manufacturing quilts in 1991. P published catalogs in 1993 and 1996. Her works are also sold to linen, gift, antique, and children's stores and high-end catalog companies. Various home furnishing magazines have published articles featuring P and her quilts. In 1991 P designed and produced two alphabet quilts called 'School Days I' and 'School Days II. Each consists of square blocks containing the capital letters of the alphabet, displayed in order. The blocks are set in horizontal rows and vertical columns, with the last row filled with blocks containing various pictures or icons. The letters and blocks are made up of different colors, set off by a white border and colored edging. P obtained certificates of copyright registration for each quilt on December 9, 1991. Vijay Rao (D) is the president and sole shareholder of D. Rao (D) is an electrical engineer in the telecommunications industry who became interested in selling quilts in February 1992. He imported from India three alphabet quilts. He sold them through boutique stores and catalog companies. The names were 'ABC Green Version I,' 'ABC Green Version II,' and 'ABC Navy.' Rao (D) testified that he designed the last quilt himself based upon 'ABC Green Version II' and imported finished copies in November 1995. The II version was made from changes requested in I. D voluntarily withdrew its 'ABC Navy' quilts from the market in November 1998 following the initiation of this litigation. P sued for copyright infringement. P's expert witness testified regarding the similarities between the quilts. D’s expert testified as to the history of alphabet quilts. The district court dismissed all the claims. P appealed.