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CHOSUN INTERN., INC. v. CHRISHA CREATIONS, LTD.

Docket Nos. 04-1975-CV, 04-2228-CV.

413 F.3d 324 (2005)

CHOSUN INTERNATIONAL, INC., Plaintiff-Appellant-Cross-Appellee, v. CHRISHA CREATIONS, LTD., Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided: June 30, 2005.

Attorney(s) appearing for the Case

Anthony H. Handal, Kirkpatrick & Lockhart LLP, New York, NY, for Plaintiff-Appellant-Cross-Appellee.

Cheryl F. Korman, Rivkin Radler LLP (Evan H. Krinick and Celeste M. Butera, of counsel), Uniondale, NY, for Defendant-Appellee-Cross-Appellant.

Before: MESKILL, CALABRESI, and WESLEY, Circuit Judges.

CALABRESI, Circuit Judge.

This appeal by plaintiff-appellant-cross-appellee Chosun International, Inc. ("Chosun") poses the question of whether Halloween costumes, in their entirety or in their individual design elements, are eligible for copyright protection under federal law. The district court (Wood, J.) held that they were not. The court ruled that Halloween costumes were "useful" articles and hence not copyrightable under the Copyright Act, 17 U.S.C. ...

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