1997) was a copyright lawsuit where the court determined if a copy of an original work's artistic style, plot, themes, and certain key character elements qualified as fair use.
A Parody by Dr. Juice that use the artistic style, themes and characteristics of Dr. Seuss books to tell the story of the O. J. Simpson murder case.
Dr. Seuss authored and published 47 books that are widely distributed and contains characteristics such as simple rhyming and repetitive language, with characters that are recognizable to children.
Dr. Seuss Enterprises filed a complaint for copyright and trademark infringement, an application for a temporary restraining order and a preliminary injunction, after seeing advertising promoting the satirical work.
The court found that defendants took substantial protected expression from The Cat in the Hat but not from Horton or One Fish Two Fish, a strong likelihood on success on the parody as fair use issue, serious questions for litigation and a balance of hardships favoring Seuss on the trademark violations, a strong likelihood that a copyright claim raising a presumption of irreparable harm, and a low success on the federal dilution claim.
Penguin and Dove appealed the district court's decision of a preliminary injunction prohibiting the distribution of The Cat NOT in the Hat!
Judge Diarmuid F. O'Scannlain wrote the majority opinion where the court affirmed the preliminary injunction against Penguin Books.