Tabberone is pronounced tab ber won not tay ber own

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Folio Impressions, Inc. v. Byer California, 937 F.2d 759 (2d Cir. 1991) In this copyright infringement suit with respect to a fabric design used in such manufacture, the court considered three separate claimed infringements: (1) a design of a rose for which plaintiff had a registered copyright; (2) the placement of that rose repeated in horizontal rows against an ornate background; and (3) the background itself. The district court variously concluded that either there was no copyright protection or no infringement; hence, it granted judgment to defendants. 752 F.Supp. 583. Although the court of appeals reached the same ultimate destination, it took a slightly different path. The district court correctly found Folio owned a copyright in the Folio Rose and was entitled to be protected from infringement. The background of Pattern # 1365 was from an unspecified public domain source and the trial court ruled the background was not original and therefore not copyrightable. The arrangement of the roses met the minimal requirements of originality and therefor were protected. However, the court of appeals found the roses not to have been copied. Folio lost again.