Tabberone Logo

Tabberone is pronounced tab ber won
not tay ber own

Tabbers Temptations     www.tabberone.com/Trademarks/ Home | Site Index | Disclaimer | Email Me!
"The only thing necessary for the triumph of evil is for good men to do nothing"
Edmund Burke


GAY TOYS, INC. v. BUDDY L CORP., 703 F.2d 970 (6th Cir. 1983).

"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)." "This case falls within the 1976 Copyright Act, which was a general revision of the 1909 Copyright Act. However, some of the cases interpreting the 1909 Act will be helpful in interpreting the 1976 Act." "because we conclude that the Air Coupe is not a "useful article," we need not consider whether certain aspects of the item are copyrightable individually as separate and independent features. This provision applies only to items that are first, as a whole, disallowed copyright protection as "useful articles," and thus has no application to the present case."

"The district court's judgment is vacated."

Source:
http://www.intellectual-property-management.com/intellectual_property_case_law.htm

counter for iweb