Unformatted text preview: Fisher-Price may prove copying by direct evidence, or by showing that Well-Made had access to Fisher-Price’s work and that the works are similar enough to support an inference that Well-Made copied Fisher-Price‘s work. Fisher-Price presented direct evidence that Well-Made copied the Fisher-Price’s product. A former employee of Well-Made testified Well-Made’s president told her he was having the Fisher-Price’s product copied and how similar the imitation was to Fisher-Price’s work providing a basis to conclude that Well-Made had access to Fisher-Price’s work. In addition Fisher-Price’s employee testified how Well-Made’s product bears an uncanny resemblance to Fisher-Price’s product in terms of appearance, dimension, design and construction. Irreparable harm: When a copyright is infringed, irreparable harm is presumed due to the confusion created in the marketplace that will damage the copy right holder in incalculable and incurable ways....
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This note was uploaded on 02/25/2012 for the course TCM 6030 taught by Professor Thomastuytschaevers during the Summer '11 term at Northeastern.
- Summer '11