Whimsicality v. Rubie’s Costume Co.
United States Court of Appeals for the Second Circuit
891 F.2d 452 (1989)
- Written by Jody Stuart, JD
Facts
Whimsicality, Inc. (plaintiff) designed and sold costumes. Whimsicality’s promotional materials described Whimsicality’s works as costumes. When Whimsicality registered copyrights for these works, it did not use the word costume in the application. Instead, Whimsicality described its works as soft sculptures. The design of a costume would not be apparent if hanging on a hook or lying randomly on a flat surface. At a trade show, Whimsicality saw Rubie’s Costume Co. (Rubie) (defendant) selling copies of Whimsicality’s costumes. Whimsicality filed a copyright claim and a motion for a preliminary injunction against Rubie. The district court noted that Whimsicality’s promotional materials always showed the works in question being worn by children. The district court did not agree with Whimsicality’s argument that despite the utility of the costumes, the costumes had separable artistic elements that could be copyrighted. The district court held that Whimisicality’s costumes were not eligible for copyright, denied injunctive relief to Whimsicality, and granted summary judgment to Rubie. Whimsicality filed an appeal.
Rule of Law
Issue
Holding and Reasoning (Timbers, J.)
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