A federal judge has asked the parties for more information before deciding whether a company's mannequin designs were protected by copyright. Northern District Judge David Hurd said in RPM Displays v. Oz Mannequins International, 5:12-cv-686, that he cannot decide based on the record before him whether Oz Mannequins' copyrights are invalid, as RPM Displays contends they are.
Hurd said he must determine whether the Oz mannequins can be copyrightable because they include design elements that distinguish them from having a purely utilitarian function as spelled out in Carol Barnhart v. Econ. Cover, 773 F.2d 411 (2d Cir. 1985).
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