Intellectual Property Insights from Fishman Stewart
Mini Article – Volume 25, Issue 24
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Nothing Says Christmas Like a Copyright Lawsuit
By Kristyn Webb
Nothing warms the holiday spirit quite like a copyright lawsuit over a light-up reindeer. Back in 2019, two companies went head-to-head over just that when Enchant sued Glowco for copyright infringement.
Enchant creates large-scale holiday light displays. Glowco did the same thing. When an employee left Enchant to work at Glowco, he took Enchant’s designs with him along with contacts that manufactured the light up displays for Enchant and Enchant’s market research of ideal locations. Glowco used those designs and contacts to manufacture its own light display, which it planned to set up in Nashville, Tennessee.
Enchant sued for copyright infringement and sought a preliminary injunction to shut down Glowco’s event before the holiday season.
The district court said no, and the Sixth Circuit affirmed. Enchant had not shown a likelihood of success on its copyright claim. Enchant’s designs depicted bears, deer, and other wildlife. When the subject matter comes straight from nature, the resulting work receives only “thin” copyright protection. Enchant needed to show that Glowco copied original expressive choices rather than the unprotectable idea of illuminated animal figures. Glowco’s lighted sculptures were just different enough from Enchant’s designs. The similarities between the two sets of designs were common animal shapes and typical holiday design choices, which were not protected under copyright law.
In the end, Glowco’s holiday show went forward. Holiday lights cheered the crowds, and holiday litigation delighted the copyright lawyers.
Kristyn Webb is the Group Leader of Fishman Stewart’s Copyright Practice Group and holds a master’s degree in Copyright Law from King’s College London.
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