Silvertop Associates Inc v. Kangaroo Manfacturing Inc

HARDIMAN, Circuit Judge.

This interlocutory appeal involves the validity of a copyright in a full-body banana costume. Appellant Kangaroo Manufacturing Inc. concedes that the banana costume it manufactures and sells is substantially similar to the banana costume created and sold by Appellee Rasta Imposta. See infra Appendix A. Yet Kangaroo claims that Rasta cannot hold a valid copyright in such a costume's "pictorial, graphic, or sculptural features." 17 U.S.C. § 101 . This dispute presents a matter of first impression for our Court and requires us to apply the Supreme Court's recent decision…