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TUFENKIAN IMPORT/EXPORT V. v. EINSTEIN MOOMJY

No. 02-7623.

338 F.3d 127 (2003)

TUFENKIAN IMPORT/EXPORT VENTURES, INC., Plaintiff-Appellant, v. EINSTEIN MOOMJY, INC., Bashian Brothers, Inc., A.L. Meyers Furniture, Central Carpet Co., Kenneth L. Mink & Sons, Inc., Home Depot, Inc., Michael Nichols-Marcy, and Noreen Seabrook Marketing, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 30, 2003.

Attorney(s) appearing for the Case

ROBERT W. CLARIDA, Cowan, Liebowitz & Latman, New York, NY, for Plaintiff-Appellant.

LAWRENCE D. MANDEL, Mandel & Peslak, LLC, Freehold, NJ; Arthur M. Peslak, Mandel & Peslak; David A. Jackson, Klauber & Jackson, Hackensack, NJ; William Patry, Baker Botts, New York, NY; Marsha Ajhar, Abelman, Frayne & Schwab, New York, NY, on the brief) for Defendants-Appellees.

Before: OAKES, CALABRESI, and SOTOMAYOR, Circuit Judges.

CALABRESI, Circuit Judge.

This copyright infringement case involves two textile designs, each of which combines, with modifications, the "primary border" and the "half field" of two unrelated public domain carpets, one a classical Indian Agra and the other a Persian antique. Viewed uncritically, the two designs at issue are substantially similar. For the defendant's rug to infringe upon the plaintiff's design, however, the defendant's composition must be substantially...

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