Intellectual Property Law

Chapter 13 Case Study Answers

Case Study: Fit Forever believes that Fitness One, one of its competitors, is planning to
release a television ad (registered with the Copyright Office) that will promote new
classes and training options and that might thus hurt Fit Forever’s business by wooing
away some of Fit Forever’s patrons.

Activities: May Fit Forever obtain a copy of the ad to review it? Would your answer be
different if Fit Forever strongly believed Fitness One’s ad infringed on its ad?

Fit Forever cannot obtain a copy of Fitness One’s deposit materials (or
reproductions of them) unless Fitness One permits such, a court order is
issued for the reproduction of the deposit materials, or Fit Forever states
there is actual or prospective litigation involving the copyrighted work. Thus,
Fit Forever cannot obtain a copy of the deposit material under the first
scenario (simply because it feels its business might be hurt by a competitor).
If, however, there is an indication that Fitness One’s ad may infringe Fit
Forever’s works, then Fit Forever should file a Litigation Statement Form, in
which case it would be able to review Fitness One’s ads on the basis that
there is prospective litigation involving the copyrighted ad.