Content area
Full Text
Where a plaintiff has alleged that the defendant infringed its copyrights on greeting cards that unfold to reveal intricate three-dimensional designs derived from a paper-cutting art form called kirigami, the complaint must be dismissed as to the Hanukkah Menorah and Menorah designs, but otherwise denied.
[Defendant] PaperPop asserts that [plaintiff] LovePops French Flower Cart design consists largely of unprotectable elements, such as a rectangular, flower-filled cart equipped with handles, wheels, and a roof. PaperPop then points out a variety of differences between the two designs, including variations in the roofs, handles, window panes, lattices below the windows, flowers inside the cart, and signs attached to the carts. LovePop points to a number of similarities between the designs, including the overall proportions of the carts, as well as the presence of yellow signs hanging off the side of the carts, decorated black wheels, and white flower pots.
[T]he Court perceives a number of conspicuous similarities between the expressive flourishes in the two designs. Given these similarities in the two designs, it is...