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Heptagon's Furniture Can't Be Copyrighted, 2nd Circ. Rules
By Richard Vanderford
Law360, New York (January 11, 2013, 6:37 PM ET) -- The Second Circuit ruled Friday that furniture by
Heptagon Creations Ltd. isn't copyrightable, tossing a suit alleging broker Core Group Marketing LLC
infringed its intellectual property by putting Heptagon furniture in an apartment on the TV show “Selling
New York.”
The elements of Heptagon furniture that perform furniture functions — lighting a room or holding
plants — are not far enough removed from the design elements that the designs are copyrightable, an
appeals court panel said in a written decision. The decision affirms a lower court's order throwing out
the case.
Heptagon, whose minimalist Andre Joyau line of furniture has won an endorsement from fashion
designer Donna Karan, claimed Core infringed its trade dress and copyrights by adding virtual versions of
its furniture to a “Selling New York” segment.
The furniture included lamps, tables, a chair and potholders. Heptagon alleged that a chair, for example,
was copyrightable because its “armrests are supported by the arcuate sculptural form which forms both
of them.”
“The complaint does not plausibly allege facts indicating that the furniture contains design elements
that are conceptually separable from the furniture’s utilitarian functions,” the panel wrote.
In the case of the chair, the design was “dictated by the functional concern that a person sitting in the
chair have a surface on which to rest his arms.”
Wood grain patterns in a table, the court said, are not copyrightable because they “are physically
inseparable from the tables and are conceptually inseparable from functional considerations, such as
the need to place the wood pieces in a manner to form a flat surface and support weight.”
Attorneys for the parties did not immediately respond to requests for comment.
“Selling New York” follows real estate brokers in Manhattan as they try to close big sales. The segment
at issue featured Core brokers who were trying to sell a $5.9 million Park Avenue South condo.
Core-commissioned interior designers approached Heptagon for permission to use its furniture in the
segment, offering the company publicity on the show in exchange for some Heptagon cachet.
The apartment had been languishing on the market and Core wanted a way to boost its appeal to
buyers, Heptagon claims.
The deal fell through when Core balked at taking out insurance on the pricey pieces, according to
Heptagon.
Though Core lacked real furniture, it inserted Heptagon pieces into digital mockups of the apartment
used in a sales presentation. Brokers even mentioned on the show that they were saving money by
using virtual furniture, Heptagon said.
With the Andre Joyau pieces in place — virtually, at least — the apartment sold for just under the list
price, netting the brokers about $350,000.
After the show's January air date, Brooklyn, N.Y.-based Heptagon sued Core and its interior decorators.
Judges Guido Calabresi, Debra Ann Livingston and Gerard E. Lynch sat on the panel for the Second
Circuit.
Heptagon is represented by Tim Bukher of Handal & Morofsky LLC.
Core is represented by Jonathan P. Wolfert of Seyfarth Shaw LLP. Pleskow is represented by Sarah Biser
of McCarter & English LLP.
The case is Heptagon Creations Ltd. v. Core Group Marketing LLC et al., case number 1:11-cv-01794, in
the U.S. District Court for the Southern District of New York.
--Editing by Eydie Cubarrubia.
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