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KAY BERRY, INC. v. TAYLOR GIFTS, INC.

No. 04-3809.

421 F.3d 199 (2005)

KAY BERRY, INC. Appellant v. TAYLOR GIFTS, INC.; Bandwagon, Inc.

United States Court of Appeals, Third Circuit.

August 30, 2005.

Attorney(s) appearing for the Case

Andrew B. Katz (Argued), Fox, Rothschild, O'Brien & Frankel, LLP, Philadelphia, PA, William L. Stang, Fox, Rothschild, O'Brien & Frankel, LLP, Pittsburgh, PA, for Appellant.

William E. Hilton (Argued), Gauthier & Connors, LLP, Boston, MA, John R. McGinley, Jr., Eckert, Seamans, Cherin & Mellot, LLC, Pittsburgh, PA, for Appellees.

Before McKEE, VAN ANTWERPEN and WEIS, Circuit Judges.

OPINION

VAN ANTWERPEN, Circuit Judge.

Before us is an appeal from an order granting summary judgment in favor of the defendant-Appellees on a copyright infringement claim. Appellant Kay Berry, Inc. ("Kay Berry") claims that Appellees Taylor Gifts, Inc. ("Taylor") and Bandwagon, Inc. ("Bandwagon") infringed its copyright on its sculptural work—a garden rock cast with a poem found in the public domain. The United States District Court for the Western...

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