Legal Opinion
Masquerade Novelty, Inc. v. Unique Industries, Inc., and Everett Novak, an Individual
Court of Appeals for the Third Circuit
Decided August 27, 1990No. 90-1090PublishedCited by 122 opinions
1Opinion of the Court
OPINION OF THE COURT
STAPLETON, Circuit Judge:
This is an appeal from a grant of summary judgment in favor of defendants Unique Industries, Inc. and Everett Novak (collectively “Unique”) in this copyright infringement action brought by Masquerade Novelty, Inc. The district court held that the relevant products made by Masquerade, masks configured to resemble the noses of a pig, elephant, and a parrot respectively, were “useful articles” under 17 U.S.C. § 101 and were not copyrightable because their sculptural elements could not be separated from their utilitarian purpose of allowing a person to…
2Cases cited22 opinions
- Torres v. Oakland Scavenger Co.Supreme Court of the United States · 1988
- Mazer v. SteinSupreme Court of the United States · 1954
- Durham Industries, Inc. v. Tomy CorporationCourt of Appeals for the Second Circuit · 1980
- Bleistein v. Donaldson Lithographing Co.Supreme Court of the United States · 1903
- Dennis W. Eckes and James Beckett, III v. Card Prices Update and Suffolk CollectablesCourt of Appeals for the Second Circuit · 1984
17 more not listed; retrieve them via the Exa API.
3Cited by122 opinions
- In Re Paoli Railroad Yard Pcb LitigationCourt of Appeals for the Third Circuit · 1990
- Liberty American Insurance Group, Inc. v. Westpoint Underwriters, L.L.C.District Court, M.D. Florida · 2001
- Data General Corp. v. Grumman Systems Support Corp.Court of Appeals for the First Circuit · 1994
- Torres-Negron v. J & N RECORDS, LLCCourt of Appeals for the First Circuit · 2007
- Ford Motor Co. v. Summit Motor Products, Inc.Court of Appeals for the Third Circuit · 1991
117 more not listed; retrieve them via the Exa API.