By Tamar Duvdevani

This past Wednesday, April 29, the Eleventh Circuit reversed and remanded an underlying grant of summary judgment by the Northern District of Georgia that invalidated a copyright in a laminate wood flooring design.  In Home Legend, LLC v. Mannington Mills, Inc., defendant and counterclaimant Mannington Mills, Inc. asserted claims of copyright infringement over its “Glazed Maple” laminate flooring, which is designed, as one might expect, to resemble planks of maple wood.  Home Legend, LLC moved for summary judgment, arguing that the asserted copyright is devoid of copyrightable subject matter in light of the fact that the flooring resembles wood as it appears in nature, and that Mannington’s copyright impermissibly attempts to protect a process or idea, for a useful article.  The district court agreed, holding that “Mannington simply attempted to recreate the look of natural, rustic wood in another medium–artwork. Under those circumstances, the Court concludes that Mannington’s 2-D artwork lacks the originality required for copyright protection.”  The district court further held that the copyright was invalid as a useful article, and because Mannington attempted to protect an idea or a process with its copyright (ideas are not protectable under the Copyright Act; only their original expression will qualify for copyright protection).

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