Another Lawsuit Over Costume Copyrights: Gorilla Holding A Cage

from the feeling-caged-in? dept

Wed, Apr 7th 2010 3:21am — Mike Masnick

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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Filed Under: copyright, costumes, gorillas

19 Comments

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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?
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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~!
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Anonymous Coward, 7 Apr 2010 @ 4:56am

copyright on clothing design?
Certainly this cannot be good for the fashion industry.
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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).
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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!
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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?
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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.
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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.
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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!
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jjmsan (profile), 7 Apr 2010 @ 8:22am

Re: Oh My God
Or their parents. Sheets are expensive you know.(Also your toes get caught in the holes).
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Anonymous Coward, 7 Apr 2010 @ 8:24am

Does anyone have copyright of the "penis-mushroom" costume?
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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.
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Anonymous Coward, 7 Apr 2010 @ 12:25pm

Re: Oh My God
Good one. :)
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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
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Randall Kent, 2 Jun 2011 @ 2:36am

Re: Copyright???
The Man in the Cage was first introduced and copyrighted 28 years ago. What's your point?
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Randall Kent, 2 Jun 2011 @ 2:40am

Re: Copyright???
The Man in the Cage was first introduced and copyrighted 28 years ago. What's your point?
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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
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Wilfred, 16 Sep 2011 @ 1:36pm

Silly
I find the whole thing silly. Costumes are costumes, let people wear what they want to.
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Man in the Cage, 11 Oct 2012 @ 4:36am

Re: Copyright???
He probably saw the original "Man in the Cage" 27 years ago when it was copyrighted.
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