Irell Scores Appellate Win in Copyright Infringement Battle

07.2020

Irell & Manella LLP convinced the U.S. Court of Appeals for the Tenth Circuit to reverse a district court’s summary judgment ruling against a client in a copyright infringement dispute over a sculpture of a human skeleton with muscles. The Tenth Circuit’s published opinion revived client Jon Zahourek’s infringement suit against Balanced Body University, LLC involving the giant skeleton Zahourek created known as “the Maniken.”

Before Zahourek hired Irell, the U.S. District Court for the District of Colorado held that the sculpture was a “useful article” and not protectable by copyright. After the ruling, the client hired Irell to represent him on appeal, and the Tenth Circuit agreed with the firm’s argument that the court’s “useful article” analysis was flawed. The opinion remanded the case for further consideration.

The Irell team included David Nimmer, who argued the case before the appellate panel.