Legal Opinion
Gay Toys, Inc. v. Buddy L Corporation
Court of Appeals for the Sixth Circuit
Decided May 9, 1983No. 81-1648PublishedCited by 22 opinions
1Opinion of the Court
BAILEY BROWN, Senior Circuit Judge.
The issue raised in this appeal is whether toys are copyrightable subject matter under the 1976 Copyright Act, 17 U.S.C. §§ 101-810. The district court held that toys are not copyrightable because they are “useful articles” as defined under § 101 of the statute. 522 F.Supp. 622 (E.D.Mich.1981).
I
The appellant, Buddy L Corporation, is a toy manufacturer located in New York City. It designed a new toy airplane, the “Air Coupe,” which apparently was first offered for sale to the public in April 1978. Id. at 623.
The appellee, Gay Toys, Inc., is a toy manufacturer…
2Cases cited10 opinions
- Original Appalachian Artworks, Inc. v. Toy Loft, Inc.Court of Appeals for the Eleventh Circuit · 1982
- Barry Kieselstein-Cord v. Accessories by Pearl, Inc.Court of Appeals for the Second Circuit · 1980
- Esquire, Inc. v. Barbara A. RingerCourt of Appeals for the D.C. Circuit · 1978
- Blazon, Inc. v. DeLuxe Game Corp.District Court, S.D. New York · 1965
- Kamar International, Inc. v. Russ Berrie And Co.Court of Appeals for the Ninth Circuit · 1981
5 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Masquerade Novelty, Inc. v. Unique Industries, Inc., and Everett Novak, an IndividualCourt of Appeals for the Third Circuit · 1990
- Varsity Brands, Inc. v. Star Athletica, LLCCourt of Appeals for the Sixth Circuit · 2015
- Gregory Poe v. Missing Persons, Dale Bozzio, Steven Brooks, Capitol Records, Inc., Capitol Industries-Emi Inc.Court of Appeals for the Ninth Circuit · 1984
- Leicester v. Warner Bros.Court of Appeals for the Ninth Circuit · 2000
- Mattel, Inc. v. MGA Entertainment, Inc.Court of Appeals for the Ninth Circuit · 2010
17 more not listed; retrieve them via the Exa API.