Tenth Circuit: Craft Smith v. EC Design

 

A registered holder of a compilation copyright holds copyright in the totality of the work, not merely as described in the registration.

The protectable expressionof a day-planner notebook consists of the arrangement of the graphic and literary elements that might themselves be protectable works of authorship.

The order, dimensions, and division of the elements, however, is an unprotectable idea -- the protectable expression is limited to the material protected under authorship and its actual layout on the page.

Evidence of actual copying and significant sales does not as a matter of law present a genuine issue of material fact on a Lanham Act claim of product design trade dress -- the question of secondary meaning requires an interpretationof the meaning of sales and the form of the dress.


Craft Smith v. EC Design