Chosun Int’l, Inc. v. Chrisha Creations, Ltd.

Two competitors who manufactured plush animal-themed Halloween costumes fighting it out in court. The lower court dismissed and, on appeal, Circuit Judge Calabresi vacated and remanded, holding that an fact issue still existed as to whether design elements of the costumes were conceptually separable from their overall utilitarian design. Vacated and remanded. - Chosun Intern., Inc. v. Chrisha Creations, Ltd. 413 F.3d 324 (2nd Cir. 2005).

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