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"The only thing necessary for the triumph of evil is for good men to do nothing"
Edmund Burke


Close to My Heart, Inc. v. Enthusiast Media, 508 F. Supp. 2d 963 - Dist. Court, D. Utah, Central Div. 2007

CTMH and its predecessor have been engaged in the creation and marketing of decorative rubber stamps, background and texture papers (since 1994), and other items for use in the crafts industry. CK Media is a competitor of CTMH. CK Media and its predecessors have been selling scrapbooking magazines and special issue publications ("SIP") since 1996, including the magazines Creating Keepsakes and Simple Scrapbooks.

CTMH maintains that CK Media infringed and misappropriated its scrapbooking proprietary page patterns and trade dress in CK Media's publication of Easy-Patterns.

The other examples that CTMH gave are similar: while the idea or concepts are similar, the protectable expressions of CTMH's scrapbooks are not. Accordingly, CTMH has not established a likelihood of success on its claim for copyright infringement because whatever substantial similarity there may be emerged from unprotected materials.

The scrapbook page layouts and instructions in CTMH's purported trade dress are the same elements upon which CTMH relies for its infringement claim, and so the claims are intertwined and overlap. Accordingly, the court finds that CTMH has not shown a likelihood of success on its claim of trade dress infringement.

For the foregoing reasons, CTMH's Motion for Preliminary Injunction is DENIED.

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