Brighton Collectibles, Inc. v. Renaissance Group International

MEMORANDUM **

1. There is no merit to Renaissance’s claim that decorative elements used on watches are unprotected when used on purses. See Worth v. Selchow & Righter Co., 827 F.2d 569 , 570 n. 1 (9th Cir.1987) (portions of a copyrighted work are protected). Even if there were, Brighton has used its Carolina heart on purses and is thus entitled to protection. Although the copyright was registered for a watch, the use of the heart on purses is still entitled to copyright protection. See 17 U.S.C. § 302 (a) (copyright is secured at creation of work, not at registration).

The district court pointed to several major similarities between Renaissance’s heart and the copyrighted Carolina heart, and Renaissance has identified no differences. It thus was within the court’s authority to enjoin Renaissance from distributing products using that heart. See ETS-Hokin v. Skyy Spirits, Inc., 323 F.3d 763, 765 (9th Cir.2003) (even if copyright is “thin,” virtually identical copying is prohibited).

2. Because there was evidence that Renaissance’s dangling heart actually confused some consumers who were familiar with Brighton’s mark, the district court *335 did not err in finding it likely that…