1970), was a Ninth Circuit case involving the copyright of greeting cards that introduced the "total concept and feel" standard for determining substantial similarity.

If an idea was accepted, the president would make a rough sketch of the card design with notes on the artwork, which would be developed by the company artist, reviewed and refined until the card was ready to be printed and distributed to stores for sale.

United Card Co had a similar approach, but at the time of the alleged infringement did not have a writer.

[2] Roth sued United for infringement of their copyright in seven cards with similar messages and designs.

See v. Durang (1983) cited the case in defending the practice when comparing two plays "as a whole" in looking for substantial similarity.

In BMS Entertainment / Heat Music LLC v. Bridges (2005) the court held that a combination of unoriginal elements in a song could be infringed if there were similarity in total concept and feel.

[5] The court in the case of Sid & Marty Krofft Television Productions Inc. v. McDonald's Corp. (1977) refined the concept by establishing a two-stage comparison.