©2020. Published in Landslide, Vol. 12, No. 5, May/June 2020, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.
Comparison of Physical Embodiment of a Copyrighted Image Is Proper Infringement Analysis
LEGO A/S v. ZURU Inc., No. 2019-2122, 2020 WL 229874, 2020 U.S. App. LEXIS 1282 (Fed. Cir. Jan. 15, 2020). LEGO filed a complaint against ZURU alleging that ZURU’s MAX action figures and MAYKA Toy Block Tape product packaging infringe LEGO’s copyrights and other rights. LEGO also moved for a temporary restraining order and preliminary injunction to restrain ZURU from manufacturing and selling the alleged infringing products. The district court granted LEGO’s motion for preliminary injunction. ZURU appealed.
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