· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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