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In Precious Moments vs La Infantil, 1997, (D.P.R.) 971 F.Supp. 66, the court stated:
This Court agrees with the Lee court that Mirage and the subsequent cases read the originality requirement out of the
definition of "derivative work" and open the door for the most trivial of modifications to generate an infringing
derivative work. Applying the proper standard to the case at bar, the Court finds that the necessary element of originality
is absent from the items manufactured for La Infantil from the Precious Moments fabric. They therefore do not
constitute "derivative works" infringing on Precious Moments' copyright. Precious Moments thus does not carry
its burden of showing a likelihood of success on the merits on its copyright claim, and the Court need not consider the
remaining requirements for a preliminary injunction.
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