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· 5/9/1983

Gay Toys, Inc. v. Buddy L Corporation

Citations

  • 703 F.2d 970

How courts have described this case

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

  • toy airplanes are not uncopyrightable 'useful articles' because they have no intrinsic utilitarian function other than to portray real airplanes
  • “‘[U]seful articles’ are not generally copyrightable, although certain features of ‘useful articles’ may be copyrighted separately.”
  • “Congress intended to distinguish between ‘copyrightable works of applied art and uncopyrighted works of industrial design.’” (quoting H.R. Rep. No. 1476, 94th Cong., 2d Sess. 54)
  • “Congress intended to distinguish between ‘copyrightable works of applied art and uncopyrighted works of industrial design.’ ” (quoting H.R. Rep. No. 1476, 94th Cong., 2d Sess. 54)
  • toy airplane merely portrays appearance of actual airplane and has no utilitarian function
  • toy airplane merely portrays appearance of actual airplane and has no utilitarian function

Source: CourtListener parenthetical corpus (CC0).

Judges: Engel, Martin, Brown

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.