MATTHEWS v. FREEDMAN

No. 98-1408.

157 F.3d 25 (1998)

Denise MATTHEWS, d/b/a J.D. Benjamin Company, Plaintiff, Appellant, v. Alan FREEDMAN, d/b/a Freedman Enterprises, Elliot Kaplan, and Camelot Enterprises, Inc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided October 9, 1998.


Attorney(s) appearing for the Case

James G. Goggin with whom Jacqueline W. Rider and Verrill & Dana, LLP were on brief for appellant.

Andrew D. Epstein with whom Barker, Epstein & Loscocco was on brief for appellees.

Before SELYA, Circuit Judge, ALDRICH, Senior Circuit Judge, and BOUDIN, Circuit Judge.


BOUDIN, Circuit Judge.

Denise Matthews, a fabric designer and wholesale distributor of "soft-good" souvenirs, makes and sells a children's t-shirt with a design entitled, "Someone Went to Boston and got me this shirt because they love me Very much." This phrase appears on a t-shirt surrounded by small drawings of a fish, a sailboat, a lobster, Faneuil Hall, and scattered hearts. Matthews registered this "Someone ..." t-shirt design with the U.S. Copyright Office,...

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