Silvertop Assocs. v. Kangaroo Mfg. - 931 F.3d 215 (3d Cir. 2019)

Rule:

A valid copyright extends only to copyrightable subject matter. Copyrightable subject matter means original works of authorship fixed in any tangible medium of expression. 17 U.S.C.S. § 102(a). Originality is a very low bar, requiring only a minimal amount of creativity. Works of authorship include pictorial, graphic, and sculptural works, § 102(a)(5), which are two-dimensional and three-dimensional works of fine, graphic, and applied art, etc., 17 U.S.C.S. § 101. And a work of authorship is fixed in a tangible medium of expression when it is embodied in a material object from which the work can be perceived, reproduced, or otherwise communicated. § 101. 

Facts:

This dispute stems from a business relationship that went bad. In 2010, Rasta Imposta obtained Copyright Registration No. VA 1-707-439 for its full-body banana costume. Two years later, Rasta began working with a company called Yagoozon, Inc., which purchased and resold thousands of Rasta's banana costumes. Yagoozon's founder, Justin Ligeri, also founded Kangaroo Manufacturing Inc. and at all relevant times was aware of Rasta's copyright registration in the banana costume. After the business relationship between Rasta and Yagoozon ended, Rasta's CEO, Robert Berman, discovered Kangaroo selling a costume that resembled his company's without a license. Rasta sued Kangaroo for copyright infringement, trade dress infringement, and unfair competition. After settlement discussions were unsuccessful, Rasta moved for a preliminary injunction and Kangaroo responded by moving to dismiss. The District Court granted the motion for a preliminary injunction and explained its reasons for doing so in a thorough opinion. It also dismissed the unfair competition count. Kangaroo appealed.

Issue:

Were non-utilitarian, sculptural features of the costume copyrightable?

Answer:

Yes

Conclusion:

The court held that the district court properly granted Rasta a preliminary injunction in its action alleging copyright infringement, trade dress infringement, and unfair competition regarding its full-body banana costume because in combination, Rasta’s costume's non-utilitarian, sculptural features were copyrightable under 17 U.S.C.S. § 101.