Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
No. 95-1366
GILBERTO ARVELO,
Plaintiff, Appellant,
v.
Defendant, Appellee.
____________________
____________________
Before
____________________
____________________
____________________
Per curiam.
__________
The plaintiff
suit
against
("AIIC"),
the
American
claiming
that
using
the designation
International
AIIC
engaged in unfair
"Retail
one of
committed
Plus"
by Arvelo
Insurance
Co.
copyright
and
competition by
label which
as the
the
title of
Arvelo's permission.
Arvelo appealed,
his
copyright claim.
district
court's opinion.
Arvelo
presented the
idea to
advertising campaign,
that
one
It
AIIC
that
as part
the proposal
of its
is
also
of a
was rejected,
"Retail Plus" as
undisputed
proposal for
that
the
only
____
an
and
Arvelo's permission.
alleged
copyright
Arvelo's
-22
Plus"
standing
protection.
words
is a
and
copyrighted work,
copying.
F.2d 1067,
is
subject
to
federal
copyright
of copyright
law that
It
mere
alone
basic proposition
short phrases,
even
if
they
occur in
1072-73 (2d
Cir. 1992)
v. Palmer,
______
970
short
phrases
in
copyrighted
text
not
copyrightable);
Magic
_____
Supp. 769, 771-72 (W.D. Pa. 1986) (noting that even "colorful
descriptions, such as
not accorded
copyright protection").
The non-copyrightability
in
authoritatively
particular has
generally
_________
1 Melville
Copyright
_________
as
been
B. Nimmer
& David
of titles
______
established.
See
___
Nimmer, Nimmer on
__________
("It is . . . clear,
as Copyright
statutory
Office's
copyright." (footnotes
omitted)).
The Copyright
rule
C.F.R.
of non-copyrightability for
202.1(a)
copyrightable
(1994) (listing
material:
"Words and
as
an
short
See 37
___
example of
phrases
non-
such as
the copyrightability
of titles
-33
here because
"Retail
advertising
title of
campaign).
conceived
of that
name
insurance
policy.
In
as
any event,
too
insubstantial
protection.
466
to
the
it is clear
proposed title
the
for
of
name "Retail
as a title or not,
qualify
that Arvelo
federal
Plus"
is simply
copyright
F.2d 705, 711 (7th Cir. 1972) (Stevens, J.) (finding not
most
AIIC's
personal sort of
deodorant," on ground
"the
"is
merely
'short
an
phrase or
'appreciable
expression'
amount
of
which
hardly
original
text'"
qualifies
as
(footnote
Nifty
_____
Foods Corp., 266 F.2d 541, 544 (2d Cir. 1959) ("Brand names,
____________
cannot
be
copyrighted,
arranged or
he
printed.").
even
if
they
are
distinctively
"Retail
Plus"
copyrightability.
is
immaterial
See
___
the
question
the notion
to
Rural
_____
of
be obtained merely
-44
its
of the
Affirmed.
________
on the
-55