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Copycat claims "come up all the time," says attorney Joel Hecker. But most are quietly settled out of court, because the legal line separating copyright infringement and non-infringement is so subjective that neither side wants to risk the unpredictability of trial.
One exception that proves the rule is photographer Bill Diodato's ongoing claim against Kate Spade LLC. The fashion accessories company reviewed his portfolio, then hired another photographer to shoot an ad that looked remarkably similar to one of Diodato's portfolio shots. Both photographs depicted a handbag next to the high-heeled feet of a woman in a...