Cavalier v. Random House, Inc.

297 F.3d 815 (9th Cir. 2002)

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Nature of the Case

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Facts

Ps created copyrighted works involving their main character, Nicky Moonbeam, an anthropomorphic moon. Nicky teaches children to overcome their fears (including fear of the dark) and encourages children to follow their dreams. Ps copyrighted these works from 1992 to 1995. Ps submitted more than 280 pages, including their copyrighted works, to Ds. Ds rejected their works. Soon thereafter, in February 1999, Ds jointly published the books Good Night, Ernie and Good Night, Elmo, and, in September 1999, they aired the animated television series Dragon Tales. Good Night, Ernie, and Good Night, Elmo are both five-page board books featuring Sesame Street Muppet characters. In Good Night, Ernie is told in 74 words, and Good Night, Elmo, in 119 words. Nicky Moonbeam: The Man in the Moon is an approximately 3500-word story. Its main characters are Nicky Moonbeam and Daisy, a five-year-old child. Ps sued Ds. Ps alleged that Ds copied and appropriated their works, including the Nicky Moonbeam characters, illustrations, text, and night light. The trial court granted Ds' motion for summary judgment on the following grounds: (1) TPs'' general story lines in which anthropomorphic moon and stars ease children's fears of sleeping in the dark, and the depiction of related scenes and stock characters ('scenes-a-faire'), are not protectable by copyright; (2) Good Night, Ernie, Good Night, Elmo, and Dragon Tales were not substantially similar to the copyright-protectable material in Ps' works; and (3) given the lack of substantial similarity, Ps' Lanham Act claims also failed. Ps appealed.