Masquerade Novelty Inc. v. Unique Industries, 912 F.2d 663 (1990) p221
What is a useful article?
Masks were designed with funny shaped noses.
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.
Should a nose on a mask be considered articles of clothing, or merely depictive?
Things that are utilitarian, useful purposes only, do NOT have copyright protection.
The masks were copyrightable.
The only utilitarian function of the nose masks is in their portrayal of animal noses.