Brief- Fisher

Brief- Fisher - Fisher-Price may prove copying by direct...

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Issue: Whether a copyright holder is entitled to a preliminary injunction by demonstrating 1) likelihood that it will succeed on the merits of its claim, or that the merits present serious questions for litigation and the balance of the hardships tips decidedly towards Well-Made and 2) that without the injunction, Fisher-Price will likely suffer irreparable harm before the court can rule on the claim. Holding: Yes, a copy right holder is entitled to a preliminary injunction if 1) Fisher-Price can demonstrate that that it will succeed on the merits of its claim and that without the injunction 2) Fisher-Price will suffer irreparable harm before the court can rule on the claim. Reasoning: Succeed on merits: Fisher-Price with valid copyright proves infringement by demonstrating 1) Well-Made has actually copied the Fisher-Price’s work 2) the copying is illegal because of substantial similarities between the defendant’s work and the protectable elements of Fisher- Price.
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Unformatted text preview: Fisher-Price may prove copying by direct evidence, or by showing that Well-Made had access to Fisher-Prices work and that the works are similar enough to support an inference that Well-Made copied Fisher-Prices work. Fisher-Price presented direct evidence that Well-Made copied the Fisher-Prices product. A former employee of Well-Made testified Well-Mades president told her he was having the Fisher-Prices product copied and how similar the imitation was to Fisher-Prices work providing a basis to conclude that Well-Made had access to Fisher-Prices work. In addition Fisher-Prices employee testified how Well-Mades product bears an uncanny resemblance to Fisher-Prices 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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