Salvino Figurine Manufacturing, Inc. entered into a licensing agreement with the Major League Baseball Players Association to produce stuffed animal toys, known as Bamm Bears, bearing the names of individual players. Ty, Inc., who produced Beanie Babies stuffed toys, sued for copyright infringement, claiming that Salvino’s bears were substantially similar to its Beanie Babies bears. What legal test should the court apply in determining whether Salvino infringed Ty’s copyright?