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Tenth Circuit: Insufficient proof of access dooms copyright infringement claim

By McKee, Voorhees & Sease, P.L.C.

In a recent decision, the Tenth Circuit affirmed a district court's finding of no copyright infringement after a bench trial and the findings for the defendants on related claims.  The district court held there was insufficient evidence of copying, specifically that there was no evidence the defendants had access to the copyrighted work.  The copyright infringement claim was the basis for claims under the Lanham Act and New Mexico Unfair Trade Practices Act, and the district court accordingly found for the defendants on these claims as well.  

The Tenth Circuit affirmed, finding no clear error in this determination.  The court held that while there was a "bare possibility" that the defendants had access to the plaintiff's copyrighted work, there was insufficient evidence to reverse the district court's factual determination of no access.  Further, the alleged copies were insufficiently similar to meet the "striking similarity" standard which permits access to be presumed.  Accordingly, the court affirmed the finding of no copyright infringement.

Because the copyright infringement claim was the basis for the Lanham Act and New Mexico Unfair Trade Practices Act claims, the Tenth Circuit also affirmed the district court's findings for the defendants on these claims.

More on La Resolana Architects, PA v. Reno, Inc. after the jump.

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Full post as published by FileWrapper on March 04, 2009 (boomark / email).