District Court Dismisses Copyright Infringement Case Against Target, Fifth Circuit Court of Appeals Reverses District Court’s Decision

Cat and Dogma, LLC is an Austin, Texas-based children’s company. In 2015, Dogma released a design of a children’s pajama garment with the phrase “I love you” displayed in cursive, italicized font, and all lowercase typeface. This design is referred to as “the Design” in this case. In 2017, Target also began selling a line of children’s clothing, sheets, and blankets with a similar design. Dogma found the design to be a copyright infringement of their own Design. Dogma filed a copyright infringement suit against Target. The district court accepted Target’s motion to dismiss the suit under the Federal Rule of Civil Procedure 12 (b) (6). Dogma timely appealed the decision, and the Fifth Circuit Court reversed the district court’s judgment and remanded the case for further proceedings. Learn the reasons behind the Fifth Circuit’s decision.


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