tag:blogger.com,1999:blog-5764290.post2876363468071210868..comments2024-03-22T08:01:16.236-04:00Comments on Rebecca Tushnet's 43(B)log: Photo finish: infringement claim smacked downUnknownnoreply@blogger.comBlogger2125tag:blogger.com,1999:blog-5764290.post-85766753960721550272011-08-26T18:44:00.774-04:002011-08-26T18:44:00.774-04:00Bruce, the exhibits--just uploading to the IP data...Bruce, the exhibits--just uploading to the IP database--are quite worth looking at as a whole, especially in the addition of colored lines to "guide" the eye to see similarities. I do believe that Gordon could have convinced herself, and maybe others, that there was copying, but that's an indictment of the doctrine of substantial similarity as much as anything else.Rebecca Tushnethttps://www.blogger.com/profile/17344226000864611148noreply@blogger.comtag:blogger.com,1999:blog-5764290.post-44489638563244700942011-08-26T14:24:13.982-04:002011-08-26T14:24:13.982-04:00I'm not sure you even need Iqbal to resolve th...I'm not sure you even need Iqbal to resolve this one on a motion to dismiss -- based on the photographs I've seen, it seems a good candidate for Arnstein v. Porter's exception for a suit alleging Bolero infringes on When Irish Eyes Are Smiling.Bruce Boydenhttps://www.blogger.com/profile/02247768315353108904noreply@blogger.com