Legal Issues

by Mike Masnick


Filed Under:
copyright, costumes, gorillas



Another Lawsuit Over Costume Copyrights: Gorilla Holding A Cage

from the feeling-caged-in? dept

Following our recent story about copyright on Mardis Gras costumes, it seems that now we're hearing more and more about costume copyrights. THREsq points us to the news of a lawsuit involving the maker of those "gorilla holding a cage" Halloween costumes (pdf) claiming that a competing gorilla-holding-cage costume maker was violating its copyrights:


While there may be arguments over the copyrightability of the costume itself, notice that the lawsuit takes this even further, and throws in the claim of copyright inducement in asking retailers to sell the costume, with the argument being that the maker of the costume is now "inducing" the retailers to infringe.

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  • identicon
    Anonymous Coward, 7 Apr 2010 @ 4:32am

    Copyright?

    I didn't think US copyright law allowed clothing to be copyrighted, but apparently the US copyright office issued a copyright for this. So what's the deal with clothing and copyright in the US?

    reply to this | link to this | view in chronology ]

  • identicon
    AJB, 7 Apr 2010 @ 4:43am

    Competition

    Stagecraft evidently doesn't want any competition on their $1,500 costume. They apparently are trying to keep the margins REALLY REALLY high. The competitor is selling the knockoff for $150 -- a full 10 times less. Now, would you pay $1,500 when you could get it for $150? Stagecraft doesn't want you to have that choice. Well, don't think I'll be doing any business with old Stagecraft~!

    reply to this | link to this | view in chronology ]

    • icon
      Chronno S. Trigger (profile), 7 Apr 2010 @ 5:02am

      Re: Competition

      I know I wouldn't pay $1,500 for a costume. Besides, the HouseHaunter's one looks better with the wooden cage (although the monkey douse not).

      reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 7 Apr 2010 @ 4:56am

    copyright on clothing design?
    Certainly this cannot be good for the fashion industry.

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 7 Apr 2010 @ 5:32am

    And just as I was about to submit my patent for "Method to Make it Look Like You are Being Held in a Cage by a Gorilla".

    Aww, who the hell am I kidding? As if the reviewer is going to check for prior art!

    reply to this | link to this | view in chronology ]

  • icon
    Jimr (profile), 7 Apr 2010 @ 6:01am

    What if I use a real Gorilla and stuff the lawyers in the cage? Is that copyright infringement?

    reply to this | link to this | view in chronology ]

    • icon
      VoicesInMyHead (profile), 7 Apr 2010 @ 6:09am

      Re:

      What if I use a real Gorilla and stuff the lawyers in the cage? Is that copyright infringement?

      Only if the lawyers are still alive and holding the bars.

      reply to this | link to this | view in chronology ]

  • identicon
    GHynson, 7 Apr 2010 @ 7:54am

    My 2 cents.

    I'm going to patent the 2" long penis.
    So all the lawyers will now have to pay me or cut off their 2 inch long wankers.

    reply to this | link to this | view in chronology ]

  • identicon
    General Copyright, 7 Apr 2010 @ 7:57am

    Oh My God

    How the hell do you think we get new costumes every year! Do you think the Costume fairy just magically delivers brilliant new designs? NO these companies spend millions on designing, procurement and manufacturing! Why would they do that if they couldn't re-coupe their investment!

    Mike you seem to be against anyone thats creative. If it were up to you these guys would all starve in the streets, forced to make costumes in Time Square with a little latex fedora, begging passers by for spare change. Get this through you thick skull! If they cant earn a living by creating costumes they wont make new costumes. Imagine a world without costumes, imagine Halloween all the little children looking up at you through the awkwardly cut holes in their parents bed sheets. Just think about the children for once!

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 7 Apr 2010 @ 8:24am

    Does anyone have copyright of the "penis-mushroom" costume?

    reply to this | link to this | view in chronology ]

  • identicon
    PRMan, 7 Apr 2010 @ 10:04am

    Copyright???

    A kid at my high school wore a costume like this (an alien holding him in a cage) over 25 years ago!

    This is ridiculous.

    reply to this | link to this | view in chronology ]

  • identicon
    Susan Tsu, 18 Apr 2010 @ 5:53am

    Costume Copyrights

    I wonder if you could count how many times the Superman logo on the chest of Jesus Christ has been used when GODSPELL has been done? Yes-- that could have been copyrighted but I would have spent a lifetime in litigation!

    Any thoughts on what a girl's to do?
    Susan Tsu

    reply to this | link to this | view in chronology ]

  • identicon
    lishan, 23 Jul 2011 @ 4:30am

    Mike you seem to be against anyone thats creative. If it were up to you these guys would all starve in the streets, forced to make costumes in Time

    reply to this | link to this | view in chronology ]

  • identicon
    Wilfred, 16 Sep 2011 @ 1:36pm

    Silly

    I find the whole thing silly. Costumes are costumes, let people wear what they want to.

    reply to this | link to this | view in chronology ]


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