North Coast Industries v. Jason Maxwell, Inc.

This is an appeal from an entry of summary judgment in favor of the defendant in a copyright infringement action. The dispute is between two competing manufacturers of women’s clothing. Plaintiff-appellant North Coast Industries has a copyright on the design in question. The design is a geometric arrangement of color blocks banded in heavy lines, used by the plaintiff on the front of pullover tops. Plaintiff filed this action for copyright infringement, under 17 U.S.C. § 501 (1988), against the defendant-appellee Jason Maxwell, Inc., after the defendant began selling tops with a very similar geometric design. North Coast’s design is designated “Style 7114” and was created by a North Coast designer who was undeniably influenced by the work of the great twentieth century painter Piet Mondrian. In the fashion industry, the work of Mondrian is still principally associated with the French fashion designer Yves St. Laurent who was the first to adapt the type of rectangular block designs used by Mondrian to women’s clothing. The “Mondrian look,” as it appeared in St. Laurent’s dress designs, was widely popular in the 1960’s.

To establish copyright infringement, the holder of the…