The Defendant’s accused product, is a Tee-Shirt, identified as
“DSigned Sharpay Girls’ Short-Sleeve Dogs Graphic Tee – White” as
it is depicted and advertised on target.com website. (See copy of
target.com website page advertising the accused shirt at Exhibit 7)
Note that the copyright information is a cotton Tee-shirt upon which is
sewn a heart-shaped applique of a mesh fabric; silkscreen printed
upon the mesh fabric are twenty-seven (27) drawings of dogs (see
Exhibit 8 is a copy of the actual accused shirt)3 each and every one
of which is copied from one corresponding dog depicted in the
original dog drawings contained in Plaintiff’s Original Copyrighted
Work. In simple terms, every drawing on Defendant’s Tee-shirt was
copied from a drawing on Plaintiff’s Original Copyrighted Work, or if
not exactly copied, was copied with slight, non-material alterations
and/or additions (with most if not all of these due to limitations
inherent in the silk-screening/screenprinting process, which results in,
e.g. some loss of detail); furthermore, it was derived, in the sense of
an unauthorized derivative work, from a drawing on Plaintiff’s Original
Copyrighted Work. Moreover, the overall appearance was copied.
The attached Exhibit 9 is a true and correct copy of a close-up picture
of the accused shirt, showing all the individual drawings thereon (and,
with each drawing for which copyright infringement is alleged being
circled and numbered with a numeral identifying the drawing, and the
dog depicted thereby. (e.g. DOG 1, DOG 2, etc.)(attached).