UNIVERSAL FURNITURE v. COLLEZIONE EUROPA USA, CA4, 2010

While furniture designs might be protectible under trademark law using a trade dress theory (Taco Cabana 1992 Supreme Court case) or perhaps as protected design where secondary meaning can be shown (Samara Bros. v. Wal-Mart, 2000 Supreme Court and 4th Circuit Ashley Furniture case), this cases discusses a false designation of origin theory of infringement.   But more interestingly, copyright protection in furniture was found, a bit surprising.  Copyright law protects "original works of authorship".  Most authorship is 2-dimensional, i.e. written or drawn works, but copyright extends to certain visual works of art that are 3-dimensional.  Copyright does not protect useful articles of manufacture.  These are covered with design patents.  Most furniture is primarily useful.  However, art can exist in furniture designs (as it does in sculpture) and, according to this case, is copyrightable if originality exists.  However, the artistic aspects must be "conceptually separable" from utilitarian aspects, relying on the 1954 Supreme Court case of Mazer v. Stein.  The court looked for compilations of decorative elements to support copyright and found them in various shells, leaves, columns, finials, rosettes and other carvings in the furniture, describing these features as aesthetic decorative elements, not intertwined with the function of the furniture and capable of existing independently.  The court then found infringement because substantial similarity existed in the works.  The court also found false designation of origin under trademark law by finding that consumers were misled.  The case originated in North Carolina, a furniture manufacturing state, having a Uniform Deceptive Trade Practices Act.  The court found violations of this state law.
    For manufacturers of furniture having decorative ornamentation, the case shows that attempting copyright registrations for furniture is a worthwhile effort.  The cost of registration is low and a federal action for copyright infringement may not be brought without a registration.