Legal Opinion
Chosun International, Inc. v. Chrisha Creations, Ltd.
Court of Appeals for the Second Circuit
Decided June 30, 2005No. Docket Nos. 04-1975-CV, 04-2228-CVPublishedCited by 3 opinions
1Opinion of the Court
CALABRESI, Circuit Judge.
This appeal by plaintiff-appellant-cross-appellee Chosun International, Inc. (“Cho-sun”) poses the question of whether Halloween costumes, in their entirety or in their individual design elements, are eligible for copyright protection under federal law. The district court (Wood, J.) held that they were not. The court ruled that Halloween costumes were “useful” articles and hence not copyrightable under the Copyright Act, 17 U.S.C. § 101 et seq. Accordingly, the court dismissed Chosun’s suit for failure to state a viable.copyright infringement claim. See Fed.R.Civ.P.…
2Cases cited17 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Fashion Originators' Guild of America, Inc. v. Federal Trade CommissionSupreme Court of the United States · 1941
- Mazer v. SteinSupreme Court of the United States · 1954
- Goldman v. BeldenCourt of Appeals for the Second Circuit · 1985
- TrafFix Devices, Inc. v. Marketing Displays, Inc.Supreme Court of the United States · 2001
12 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Varsity Brands, Inc. v. Star Athletica, LLCCourt of Appeals for the Sixth Circuit · 2015
- Chosun International, Inc. v. Chrisha Creations, Ltd.Court of Appeals for the Second Circuit · 2005
- Varsity Brands, Inc. v. Star Athletica, LLCCourt of Appeals for the Sixth Circuit · 2015