Mann & Bros. Inc. (“Mann”) was a textile company that owned a copyright in two versions of a “Skull/Paisley unique design” that it manufactured and sold. Mann sued Amiee Lynn Inc. (“Lynn”), another textile company that manufactured and sold items which had an allegedly nearly identical design. The Lynn items used a similar gray color and had similar elements such as floral skulls and paisley details. Lynn’s products were sold to retailers, including Walmart where Mann first saw the design. Mann claimed that Lynn had access to Mann’s copyrighted works and the infringing designs were substantially similar to Mann’s designs. Mann sought damages, attorneys’ fees, and an injunction prohibiting the distribution of the infringing items and ordering their destruction.

In response, Lynn filed a motion to dismiss. Lynn argued that Mann had not registered the copyright in any of its alleged infringed designs, a prerequisite to bringing an infringement claim. Lynn also argued that the works were not substantially similar to each other since the similarities across the designs encompassed only unprotectable common subjects, such as “a gray color way” or paisley elements. The expressive parts of Lynn's design were “notably dissimilar” from Mann’s expression. Since copyright protects only expressions and not ideas, Lynn claimed the use of these design features were not infringing. Ultimately the case settled before adjudication.