Brandir International, Inc. v. Cascade Pacific Lumber Co. Case Brief Summary | Law Case Explained

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Brandir International, Inc. v. Cascade Pacific Lumber Co., 834 F.2d 1142 (1987)
Works of applied art are copyrightable, but works of industrial design aren’t. This may seem clear cut, but courts have struggled in determining where to draw the line between the categories. In Brandir International versus Cascade Pacific Lumber Company, the court spoke on the aesthetic and functional aspects of a popular bike rack.
David Levine, the chief owner of Brandir International, created wire sculptures. A bicycle enthusiast friend saw these sculptures at Levine’s home and told Levine the sculptures would make excellent bike racks.
Levine met with his friend and others on several occasions to develop a design for what became known as the Ribbon Rack. Aspects of Levine’s wire sculpture designs were adjusted to fit bikes above and below the loops of the bent tubing. Levine promoted, advertised, and sold the bike racks nationally. The Ribbon Rack was featured in prominent architecture magazines and won multiple awards.
After three years, Levine discovered Cascade Pacific Lumber Company was selling a similar bike rack. Levine began placing copyright notices on Ribbon Racks before shipment. Levine submitted five copyright applications to the Copyright Office, but registration was refused because the Ribbon Rack didn’t have any element capable of independent existence as a copyrightable work apart from the shape of the useful article. Levine appealed twice. His appeal was denied both times.
Brandir brought copyright and trademark claims against Cascade. Cascade moved for summary judgment. The district court granted Cascade’s motion. Brandir appealed.
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