Smoothie Fabrication Hit with Copyright Infringement Class Action

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A proposed class action out of Michigan district court claims certain copyrights purportedly owned by defendant Smoothie Fabrication, LLC are invalid and infringe upon those of the plaintiff, Classic 2 Current Fabrication. Both companies, the lawsuit notes, are in the business of manufacturing and selling aftermarket auto parts. The copyright in question is related to the design of certain running boards, for which the plaintiff says it sent the defendant a cease and desist letter claiming Classic 2 Current registered the relevant copyrights with the U.S. Copyright Office.

The lawsuit alleges “the plaintiff does not infringe any protectable work of [the defendant]” and that Smoothie Fabrication’s copyright is invalid because the running boards are “useful articles” with “purely functional” design elements that serve no aesthetic purpose. The complaint argues that similarities between the parties’ products are merely the result of a machining process to accomplish a functional purpose.