Enchant produces a holiday-themed light show, which it exhibits across the U.S. and Canada. “Enchant Christmas,” features large three-dimensional sculptures fitted with lights, including sculptures of polar bears, deer, and ice crystals. Enchant obtained copyright registrations for several sculptures. Wallain worked with Enchant and had access to design files used to construct Enchant’s light sculptures. Wallain and Glowco discussed producing an Enchant Christmas light show in Nashville. The parties could not strike an agreement. Wallain and Glowco decided to pursue a Nashville light show without Enchant, purchased some sculptures from Enchant, and solicited manufacturers in China to produce additional light sculptures. Wallain sent two-dimensional images of Enchant’s sculptures, obtained from Enchant’s files, to solicit bids.
Enchant sued, alleging copyright infringement, misappropriation of trade secrets, and violation of the Tennessee Personal and Commercial Computer Act. The district court concluded, after comparing the designs of the disputed sculptures, that any copyright-protected interest in Enchant’s sculptures was “very thin” and that numerous differences between the sculptures would be clear to an ordinary observer. The Sixth Circuit affirmed. Qualities of Enchant’s sculptures that are inherent in the chosen subject—animal sculpture—are not subject to copyright protection. To the extent that Enchant’s sculptures contained some original work warranting protection, Enchant had “thin copyright at best.” Most of the similarities identified by Enchant are inherent to the subject matter, including animal features and naturally occurring poses. View “Enchant Christmas Light Maze & Market, Inc. v. Glowco LLC” on Justia Law