Tabberone is pronounced tab ber won not tay ber own

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This information is taken directly from the court opinion. It is not taken out of context nor is it altered.

From Close to My Heart, Inc. v. Enthusiast Media, 508 F. Supp. 2d 963 - Dist. Court, D. Utah, Central Div. 2007: To make this determination, the court applies the Tenth Circuit's "abstraction-filtration-comparison" test. See Country Kids 'N City Slicks, Inc., 77 F.3d at 1285, n. 5 (quoting 3 Nimmer 13.03[E], at 13-96 to 13-97) (The successive filtration test "should be considered . . . across the gamut of copyright law"). 1. The Abstraction-Filtration-Comparison Analysis The Tenth Circuit has described the abstraction-filtration-comparison test this way: At the abstraction step, we separate the ideas (and basic utilitarian functions), which are not protectable, from the particular expression of the work. Then, we filter out the nonprotectable components of the product from the original expression. Finally, we compare the remaining protected elements to the allegedly copied work to determine if the two works are substantially similar. Id. at 1284-85.