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Tabberone is pronounced tab ber won |
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Country Kids v. Sheen, 77 F.3d 1280 (10th Cir 1996)
PLAINTIFF: Country Kids began producing a line of wooden dolls. The wooden dolls all employed a similar size and shape to the traditional paper dolls. DEFENDANT: Vickie Sheen, a former employee of Country Kids, had begun marketing her own models of wooden dolls. While employing the basic concept of Plaintiff's dolls, the Sheens claimed that their dolls had distinctly different features (e.g., hair, eyes, nose, mouth, cheeks, etc.). The appeal by Country Kids arose from the denial of a preliminary injunction in an action for copyright infringement. The Court of Appeals affirmed the district court's holding that the medium, size and shape of the dolls were not copyrightable features. The court concluded that the district court correctly characterized the wooden form of the traditional paper doll as an idea rather than a protected expression. However, the court could not "discern whether the district court utilized the correct legal standard for copyright infringement or properly determined that Plaintiff was entitled to a presumption of irreparable harm in the event of copyright infringement" and remanded back on those isses. |