Cavalier

Wanda and Christopher Cavalier (the “Cavaliers”) appeal the district court’s summary judgment and dismissal in favor of defendants Random House, Inc. (“Random House”), the Children’s Television Workshop Inc., and CTW Publishing Co. (collectively, “CTW”). In an action for copyright and trademark infringement, false designation of origin, and unfair competition, the Cavaliers alleged that defendants published books containing art work, text, and characters virtually identical to materials previously submitted to Random House and CTW by the Cavaliers. We find that the “moon night light” cover and the “the illustration of stars relaxing on clouds” illustration raise triable issues of fact as to substantial similarity. We therefore reverse in part the grant of summary judgment, limited to the Cavaliers’ copyright infringement claim as to the cover and illustration. We otherwise affirm.

I

A. Background

The Cavaliers created copyrighted works involving several characters who are featured in children’s stories. Their main character, Nicky Moonbeam, an anthropomorphic moon, teaches children to overcome their fears (including fear of the dark) and encourages children to follow their…