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GAY TOYS, INC. v. BUDDY L CORP.

No. 81-1648.

703 F.2d 970 (1983)

GAY TOYS, INC., Plaintiff-Appellee, v. BUDDY L CORPORATION, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided March 31, 1983.

Rehearing and Rehearing Denied May 9, 1983.

Attorney(s) appearing for the Case

Richard D. Grauer, Cullen, Sloman, Cantor, Grauer, Scott & Rutherford, Detroit, Mich., John M. Calimafde (argued), New York City, for defendant-appellant.

Robert G. Mentag (argued), Detroit, Mich., for plaintiff-appellee.

Ronald Goldman, Chief Patent Counsel Asst. Secretary and Atty. for Mattel, Inc., Hawthorne, Cal., amicus curiae.

Before ENGEL and MARTIN, Circuit Judges, and BROWN, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied May 9, 1983.

BAILEY BROWN, Senior Circuit Judge.

The issue raised in this appeal is whether toys are copyrightable subject matter under the 1976 Copyright Act, 17 U.S.C. §§ 101-810. The district court held that toys are not copyrightable because they are "useful articles" as defined under § 101 of the statute. 522 F.Supp. 622 (E.D.Mich.1981).

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