A Lor International, Ltd. v. Tappers Fine Jewelry, Inc.

MEMORANDUM

A’lor International, Ltd. (“A’lor”) appeals a summary judgment order in favor of various competitor defendants who are producers, distributors, or retailers of jewelry (collectively “Defendants”). A’lor contends that Defendants infringed its copyright to twenty-four jewelry designs, asserts an unfair competition state law claim under a theory of misappropriation, and requests reversal of the attorneys’ fees award.

Because we find the existence of contested issues of material fact as to whether A’lor’s twenty-four jewelry designs are virtually identical to Lau International, Inc.’s designs, which could infringe A’lor’s copyrights, wé reverse and remand for trial. Cf. Shaw v. Lindheim, 919 F.2d 1353, 1355 (9th Cir.1990) (“Where reasonable minds could differ on the issue of substantial similarity, [] summary judgment is improper.” (citation omitted)). While the district court did not recognize the inverse ratio rule, nor provide its analysis as to each of the twenty-four designs in finding a thin copyright, we agree that the small number of elements in the A’lor designs weighed against applying broad protecta-bility because there are relatively few combinations these…