Tufenkian Import/Export Ventures, Inc. v. Einstein Moomjy, Inc.
United States Court of Appeals for the Second Circuit
338 F.3d 127 (2003)
Tufenkian (plaintiff) created his Heriz carpet design by selectively adapting and combining elements from two public-domain designs, producing a distinctively cleaner, asymmetrical look through deliberate artistic choices; a former Tufenkian employee later designed Bashian's (defendant) Bromley carpet, copying the same public-domain sources but replicating Tufenkian's specific structural layout and selective eliminations, and the district court found copying occurred but no infringement since the copied elements were unprotectable public-domain material.
Whether a work comprised of the creative and original adaptations of elements taken from works in the public domain is capable of copyright protection.