CA1: how many angels can dance on a Target(and be awarded sanctions)

Mag Jewelry Co., Inc v. Cherokee, Inc., Nos. 06-1556; 06-2127.  The plaintiff claims that Target (or its designer) stole their design for “angel” jewelry. The defendants say defendants say their version of an angel was designed by someone else.  The defendant won a judgment as a matter of law, because they had not presented evidence that the designer had access to the plaintiff’s design.  God I hate IP law.  And really, is society that much better off if angel jewelry is subject to a copyright?

The First also reveres a denial of fees to the defendant, because it holds that the plaintiff’s position was not reasonable, and a shift in theories so demonstrated.  (And that there was nothing inequitable awarding fees even though the defendants might have violated some copyright.)  That’ll teach them not to look for stolen designs at Target.