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BRANDIR INTERN., INC. v. CASCADE PACIFIC LUMBER CO.

No. 828, Docket 86-6260.

834 F.2d 1142 (1987)

BRANDIR INTERNATIONAL, INC., Plaintiff-Appellant, v. CASCADE PACIFIC LUMBER CO., d/b/a Columbia Cascade Co., Defendant-Appellee, and David L. Ladd, Register of Copyrights, United States Copyright Office, Third-Party Defendant.

United States Court of Appeals, Second Circuit.

Decided December 2, 1987.

Attorney(s) appearing for the Case

Blum Kaplan, New York City (Lawrence Rosenthal, Laura E. Goldbard, Anita K. Yeung, New York City, of counsel), for plaintiff-appellant.

Fish & Neave, New York City (Donald E. Degling, Susan Progoff, Eric M. Lee, New York City, of counsel), for defendant-appellee.

Before OAKES and WINTER, Circuit Judges, and ZAMPANO, District Judge.

OAKES, Circuit Judge:

In passing the Copyright Act of 1976 Congress attempted to distinguish between protectable "works of applied art" and "industrial designs not subject to copyright protection." See H.R.Rep. No. 1476, 94th Cong., 2d Sess. 54, reprinted in 1976 U.S.Code Cong. & Admin.News 5659, 5667 (hereinafter H.R.Rep. No. 1476). The courts, however, have had difficulty framing tests by which the fine...

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