Masquerade Novelty, Inc. v. Unique Industries, Inc.

912 F.2d 663 (1990)

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Masquerade Novelty, Inc. v. Unique Industries, Inc.

United States Court of Appeals for the Third Circuit
912 F.2d 663 (1990)

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Facts

Both Masquerade Novelty, Inc. (plaintiff) and Unique Industries, Inc. (defendant) produced nose masks. Masquerade filed suit against Unique alleging that nose masks sold by Unique infringed Masquerade’s copyrights on masks configured to resemble the noses of a pig, elephant, and parrot. The district court entered judgment for Unique after determining that the nose masks in question were not copyrightable because their sculptural elements could not be separated from their utilitarian purpose of allowing a person to create humor by masquerading in an animal’s nose. Masquerade appealed.

Rule of Law

Issue

Holding and Reasoning (Stapleton, J.)

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