Wednesday, June 26, 2013

Copyright Law - Second Circuit: Are Prom Dresses Useful?

Prom Dress, Copyrightability, Useful Articles, Decorative Elements, Separability, Motion to Dismiss

Jovani Fashion Ltd. v. Fiesta Fashions, 2012 WL 4856412 (2d Circuit October 15, 2012).  Articles of clothing are “useful articles” not protected by Copyright.   Design and decorative elements were neither physically nor conceptually separable and thus not protectable.   District court’s dismissal on Rule 12(b)(6) motion affirmed.
 Purchase Copyright Litigation Handbook 2012-2013 by Raymond J. Dowd from West here  

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