Tabberone is pronounced tab ber won
not tay ber own
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Tabberone is pronounced tab ber won |
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| This information is taken directly from the court opinion. It is not taken out of context nor is it altered. |
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From Express v Fetish Group, 424 F. Supp. 2d 1211 (C.D. Cal 2006):
As a general rule, items of clothing are not entitled to copyright protection. Knitwaves, Inc. v. Lollytogs Ltd., 71 F.3d 996, 1002 (2d Cir. 1995) (citing Whimsicality, Inc. v. Rubie's Costume Co., 891 F.2d 452, 455 (2d Cir. 1989)). This is because items of clothing are generally considered useful articles, and useful articles are not entitled to protection under the Copyright Act. Morris v. Buffalo Chips Bootery, Inc., 160 F. Supp. 2d 718, 720 (S.D.N.Y. 2001) (noting that "items of clothing are, as a general rule, uncopyrightable useful articles'"). The design of a useful article, however, is entitled to protection "if, and only to the extent that, such design incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article." 17 U.S.C. § 101. Thus, courts have held that the patterns or other artistic features imprinted onto a fabric or that appear repeatedly throughout the dress fabric may be entitled to copyright protection "if they can be identified separately from, and are capable of existing independently of, the utilitarian purpose of the [clothing]." Entm't Research Corp., 122 F.3d at 1221; cf. Folio Impressions, Inc. v. Byer Cal., 937 F.2d 759, 762-65 (2d Cir. 1992) (protecting fabric designs as "writings"); Eve of Milady v. Impression Bridal, Inc. ("Eve of Milady I"), 957 F. Supp. 484, 489 (S.D.N.Y. 1997) (same). Stated otherwise, the pattern or design is copyrightable "only to the extent that its artistic qualities can be separated from the utilitarian nature of the garment." Galiano v. Harrah's Operating Co., 416 F.3d 411, 419 (5th Cir. 2005). |
