Tabberone is pronounced tab ber won not tay ber own

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Copyright Protection Not Available for Clothing Morris v. Buffalo Chips Bootery, Inc., 160 F. Supp. 2d 718 (S.D.N.Y. 2001) Defendant’s motion for summary judgment granted. Clothing designer sued retail clothing store alleging infringement of copyrights in fashion drawings and photographs of clothing designs by reason of defendant’s sale of clothing. Since items of clothing are uncopyrightable useful articles, copyright in clothing design can exist only if elements are physically or conceptually separable from article. Here, plaintiff failed to specify, and designs failed to reveal, “the copyrightable elements of her designs that are capable of existing independently of the articles of clothing themselves” and “each and every arguably aesthetic element of plaintiff’s designs plays a utilitarian function.” Source: http://www.abanet.org/intelprop/coursematerials/goldberg.pdf, page 27