Fooey v. Gap

On behalf of Gap, Inc., successfully obtained dismissal of a copyright action brought by clothing retailer Fooey Inc. in the U.S. District Court for the Northern District of Illinois.  On Gap's motion to dismiss under Fed. R. Civ. P. 12(b)(6), the Court determined that "no ordinary observer . . . could reasonably conclude that defendant misappropriated plaintiff's protectable expression," and that the works in question “each . . . impresses upon the ordinary observer its own distinct 'total concept and feel.'"