Carolyn N. McCulloch Lucyann W. Cameron, Elizabeth P. Smoot, the Original Red Plate Company v. Albert E. Price, Inc.

Defendant-appellant Albert E. Price, Inc. (Price, Inc.) appeals the judgment awarding damages, injunctive relief and attorney’s fees to Carolyn N. McCulloch, Lucyann W. Cameron, Elizabeth P. Smoot, and the Original Red Plate Company (collectively referred to as plaintiffs or ORP) for copyright infringement following a bench trial.

Price, Inc. contends (1) the district court failed to apply the first prong of this court’s two-part test for “substantial similarity” to determine copyright infringement, (2) the district court failed to conclude that the “idea” and “expression” behind ORP’s plate are inseparable and thus not subject to copyright protection, (3) the district court failed to discount the phrase, “You Are Special Today,” in evaluating the two-part substantial similarity test for copyright infringement, and (4) the district court abused its discretion in awarding attorney’s fees. We affirm in part, and reverse and remand the issue of attorney’s fees.

I.

Carolyn N. McCulloch, Lucyann W. Cameron, and Elizabeth P. Smoot jointly designed a decorative red plate which bears the phrase “You Are Special Today.” The plate is red with white lettering and contains a floral design.…