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ZAHOUREK SYSTEMS, INC. v. BALANCED BODY UNIVERSITY

Nos. 18-1300, 18-1312.

965 F.3d 1141 (2020)

ZAHOUREK SYSTEMS, INC.; Jon Zahourek, Plaintiffs Counterclaim Defendants-Appellants, v. BALANCED BODY UNIVERSITY, LLC, Defendant Counterclaimant-Appellee. Zahourek Systems, Inc.; Jon Zahourek, Plaintiffs Counterclaim Defendants-Appellee, v. Balanced Body University, LLC, Defendant Counterclaimant-Appellant.

United States Court of Appeals, Tenth Circuit.

Filed July 21, 2020.

Attorney(s) appearing for the Case

David Nimmer , Irell & Manella LLP, Los Angeles, California ( Dennis J. Courtney , Irell & Manella LLP, Los Angeles, California; Luke Santangelo and Nicole Ressue , Santangelo Law Offices, P.C., Fort Collins, Colorado, with him on the briefs), on behalf of the Plaintiffs Counterclaim Defendants.

Carolyn V. Juarez , Neugeboren O'Dowd P.C., Boulder, Colorado; John R. Posthumus , Polsinelli, Denver, Colorado ( Gordon E.R. Troy , Shelburne, Vermont, with them on the briefs), on behalf of the Defendant Counterclaimant.

Before BACHARACH and CARSON, Circuit Judges.

These appeals involves a sculptural work called "the Maniken," which portrays the human body. The overarching issue is whether the Maniken is a "useful article" under the copyright laws. If the Maniken is a useful article, it wouldn't ordinarily be protectible under the copyright laws. We conclude that a genuine issue of...

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