Re: brochure / order form

On 06/02/97, Stu Williams <stuwilliams[_at_]usa.net> wrote:
>
> I'm trying to find out what you cognoscenti (gurus) think of a case
> I've been presented with. It involves a brochure / order form that
> was (actually) copied from a competitor, in which the most clearly
> copied portion is the order form & instructions, but that portion
> seems to be virtually prescribed by what is needed for ordering this
> product. -- There are some landmark cases in this area, are there not?
> Which cases should I look up? What is this sort of thing called?"

Although not landmark cases, the two cases cited below discuss copyright infringement issues in the context of a brochure announcing a radio station contest promotion, where the radio station admittedly had a copy of a direct mail company's brochure and made its own similar brochure. One of the defenses raised and upheld was the fact that there were a limited number of ways to design a brochure which included a section to send in the listener's name and address. The district court opinion is more informative (and much shorter than the 70 page appellate decision).

CMM CABLE REP, INC. v. OCEAN COAST PROPS., INC., No. 95-1985, No. 95-2059, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, 97 F.3d 1504; 1996 U.S. App. LEXIS 24955; 41 U.S.P.Q.2D (BNA) 1065, September 20, 1996, Decided

CMM CABLE REP., INC. v. OCEAN COAST PROPS., INC., Civil No. 94-290-P-H, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE, 888 F. Supp. 192; 1995 U.S. Dist. LEXIS 8107; 36 U.S.P.Q.2D (BNA) 1485, June 1, 1995, Decided, June 1, 1995, FILED

James G. Goggin
Verrill & Dana
One Portland Square
Portland, ME 04112
jgg[_at_]verdan.com Received on Mon Jun 02 1997 - 15:54:01 GMT