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· 9/2/1980

Durham Industries, Inc. v. Tomy Corporation

Citations

  • 630 F.2d 905
  • 208 U.S.P.Q. (BNA) 10
  • 1980 U.S. App. LEXIS 14394

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the presumption of validity was rebutted where \one look\ at the plaintiff's allegedly copyrightable figures revealed a complete absence of any originality
  • holding that the presumption of validity was rebutted where “one look” at the plaintiffs allegedly copyrightable figures revealed a complete absence of any originality
  • holding that, “The mere reproduction of the underlying characters in plastic, even though ... [i]t undoubtedly involved some degree of manufacturing skill, does not constitute originality”
  • holding works lacked originality to warrant finding of copyright protection even after submission of copyright registration
  • noting that three-dimensional “small, plastic, wind-up toys” of Disney characters Mickey, Donald, and Pluto were derivative works of these characters
  • stating that a display of manufacturing skill is not independently enough to constitute originality

Source: CourtListener parenthetical corpus (CC0).

Judges: Friendly, Meskill, Thomsen

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.