Masquerade Novelty Inc. v. Unique Industries
, 912 F.2d 663 (1990) p221SUBJECT:
What is a useful article?
FACTS:
Masks were designed with funny shaped noses.
Procedure:
Masks designed to resemble the noses of a pig, an elephant, or a parrot , were unprotectible useful articles is what the trial court said. The Circuit Court reversed.
ISSUE:
Should a nose on a mask be considered articles of clothing, or merely depictive?
RULE:
Things that are utilitarian, useful purposes only, do NOT have copyright protection.
HOLDING:
The masks were copyrightable.
RATIONALE:
The only utilitarian function of the nose masks is in their portrayal of animal noses.
POLICY/NOTES: