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SILVERTOP ASSOCIATES INC. v. KANGAROO MFG. INC.

No. 18-2266.

931 F.3d 215 (2019)

SILVERTOP ASSOCIATES INC., dba Rasta Imposta, v. KANGAROO MANUFACTURING INC., Appellant.

United States Court of Appeals, Third Circuit.

Filed: August 1, 2019.

Attorney(s) appearing for the Case

Alexis Arena [Argued], Flaster Greenberg, 1835 Market Street, Suite 1050, Philadelphia, PA 19103, Eric R. Clendening , Flaster Greenberg, 1810 Chapel Avenue West, Cherry Hill, NJ 08002, Attorneys for Appellee.

David A. Schrader [Argued], Paykin Krieg & Adams, 750 Third Avenue, 9th Floor, New York, NY 10017, Attorney for Appellant.

Before: CHAGARES, HARDIMAN, Circuit Judges, and GOLDBERG, District Judge.

OPINION OF THE COURT

This interlocutory appeal involves the validity of a copyright in a full-body banana costume. Appellant Kangaroo Manufacturing Inc. concedes that the banana costume it manufactures and sells is substantially similar to the banana costume created and...

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