Lowe's obtains affirmance of summary judgment in copyright infringement action brought by Progressive Lighting
Clients Lowe's Companies, Inc.
Jones Day successfully defended Lowe's Home Centers in an action alleging copyright infringement in connection with the sale of lighting fixtures. The Northern District of Georgia granted Lowe's summary judgment motion on the grounds that Progressive's light fixtures were non-copyrightable useful articles. The Eleventh Circuit Court of Appeals affirmed, resolving an important legal issue relating to the copyrightability of product designs and the circumstances under which aesthetics may be held separable from a non-copyrightable useful article.
Progressive Lighting, Inc. v. Lowe's Home Centers, Inc., et al., Case No. 1:07-CV-2822 (N.D. Ga.); affirmed, 549 Fed.Appx. 913 (11th Cir. Dec. 16, 2013)