Century Tile, Inc. v. Hirsch Glass Company

MEMORANDUM

Plaintiffs-Appellants are Carl Steadly, who owns the copyrights at issue, and his exclusive licensee Century Tile (collectively “Steadly”). Defendants-Appellees are Hirsch Glass Co. and Paragon Industries (collectively “Hirsch”). Steadly and Hirsch compete in the design, manufacture, and sale of glass tile mosaics. Steadly sued Hirsch to enforce several copyrights to glass tile mosaics that he registered with the Copyright Office. He also alleged a trademark claim under the Lanham Act.

The district court entered judgment in favor of Hirsch on the trademark and copyright claims, but it denied Hirsch’s motion for attorney’s fees. Steadly appeals the judgment on the copyright claim. Hirsch cross-appeals the denial of attorney’s fees.

Steadly claims that the mosaic designs possess copyrightable “color expressions” consisting of color blends, color streaking, and the appearance of random arrangements to evoke a “natural effect.” Hirsch contends that any copyright protection of Steadly’s designs is thin and so requires “virtual identity” to raise a claim of infringement.

We agree with the district court’s analysis of the copyright claim. First, Steadly enjoys a…