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 PPS, Inc. v. Jewelry Sales Representatives, Inc. , 392 F. Supp. 375 (SD NY 1975): In determining whether one expression of an idea is a copy of another, the test has been stated generally to be "whether an average lay observer would recognize the alleged copy as having been appropriated from the copyrighted work." More specifically, the test for determining whether a design has been copied is whether an ordinary observer, who has not set out to detect disparities, "would be disposed to overlook them, and regard their aesthetic appeal as the same."