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DUDNIKOV v. CHALK & VERMILION FINE ARTS, INC.

No. 06-1458.

514 F.3d 1063 (2008)

Karen DUDNIKOV, and Michael Meadors, Plaintiffs-Appellants, v. CHALK & VERMILION FINE ARTS, INC., a Delaware corporation, and SevenArts, Ltd., a British corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

January 28, 2008.

Attorney(s) appearing for the Case

Gregory A. Beck, Public Citizen Litigation Group, Washington, D.C., for Plaintiffs-Appellants.

Scott C. Sandberg, Snell & Wilmer, LLP, Denver, CO, for Defendants-Appellees.

Before McCONNELL, EBEL, and GORSUCH, Circuit Judges.

GORSUCH, Circuit Judge.

Plaintiffs are eBay "power sellers." Through the Internet auction site, they sell a variety of fabrics from their home in Colorado. This case concerns two of plaintiffs' prints, both of which play on famous images by the artist Erté, Symphony in Black and Ebony on. White. While Erté's images depict elegant women walking aquiline dogs, plaintiffs' prints portray Betty Boop next to her aptly named canine companion, Pudgy...

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