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PEEL & CO. v. THE RUG MARKET

No. 99-31051.

238 F.3d 391 (2001)

Peel & Company, Inc., Plaintiff-Appellant-Cross-Appellee, v. The Rug Market, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

January 24, 2001.

Attorney(s) appearing for the Case

Stephen G. Bullock (argued), Stone, Pigman, Walther, Wittman & Hutchinson, New Orleans, LA, Lamar Merriott Richardson, Mandeville, LA, for Peel & Co., Inc.

Ellis B. Murov (argued), Charles Frederick Seeman, III, Deutsch, Kerrigan & Stiles, New Orleans, LA, for Rug Market.

Before HIGGINBOTHAM, WIENER, and DENNIS, Circuit Judges.

WIENER, Circuit Judge:

Plaintiff-Appellant Peel & Company, Inc. ("Peel") appeals the summary judgment dismissal of its claim of copyright infringement. We reverse and remand for further proceedings by the district court.

I.

FACTS AND PROCEEDINGS

In 1991, Peel designed a rug and named it "Directoire" for the early Eighteenth Century French historical period that inspired the rug's pattern. The design, later copyrighted, features two...

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