10th Circuit Affirms: Copyright, Trade Dress Claims Not Viable
(January 6, 2016, 10:20 AM EST) -- DENVER — Contrary to assertions by a home builder, the abstraction-filtration-comparison (AFC) test for substantial similarity is not categorically inapplicable to copyright disputes over architectural works, the 10th Circuit U.S. Court of Appeals ruled Jan. 4 (Savant Homes Inc. v. Douglas W. Collins, et al., No. 15-1115, 10th Cir.; 2016 U.S. App. LEXIS 6).
(Decision available. Document #16-160119-008Z.)
Moreover, according to the panel of Circuit Judges Jerome A. Holmes, Bobby R. Baldock and Scott M. Matheson Jr., it was “unnecessary” for U.S. Judge William J. Martinez...