Silvertop Associates, Inc. went bananas when they realized another company slipped up by selling knock-off banana costumes that were eating profits. They made a split decision to serve the company with a suit.
In 2017, the U.S. Supreme Court laid out a two-part test for whether an artistic feature of a functional work is copyrightable. The test is:
(1) can the artistic feature of the article be perceived as a two- or three-dimensional work of art separate from the article? and
(2) would the feature qualify as a protectable pictorial, graphic, or sculptural work either on its own or in some other medium if imagined separately from the article?
In Silvertop Associates Inc. (d/b/a Rasta Imposta) v. Kangaroo Manufacturing Inc., the Third Circuit peeled back layers of the Supreme Court's test to find the Plaintiff's banana outfit copyrightable. |
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