MY NOTES: Business Organizations | Constitutional Law I | Copyright Law | Evidence | Wills and Trusts

Masquerade Novelty Inc. v. Unique Industries, 912 F.2d 663 (1990) p221

SUBJECT:

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: