RE: When Infringement Begins

From: Elizabeth T Russell <brussell[_at_]supranet.net>
Date: Wed, 10 Aug 2005 18:25:00 -0400

First consideration is whether the fixtures are copyrightable at all.

Beth Russell
www.erklaw.com

-----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Mike Phillips Sent: Wednesday, August 10, 2005 4:51 PM To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] When Infringement Begins

Client designed some decorative fixtures for a retail store and submitted them along with a proposal to manufacture them. Store took the drawings/plans to another company and had that company build the fixtures. The store is now open to the public and is using the infringing articles. When did the store's infringement begin? When they delivered the drawings to the substitute contractor, when the contractor delivered the finished goods to the store, when the store installed the displays, or when the store opened to the public? The date could be critical to filling an application to register the copyright in the designs "before the infringement begins." Any thoughts welcome.

Mike Phillips

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Visit the CNI-COPYRIGHT e-mail list archive at <https://mail2.cni.org/Lists/CNI-COPYRIGHT/>. Received on Thu Aug 11 2005 - 02:25:00 GMT