Entertainment Research Group, Inc. v. Genesis Creative Group, Inc.
122 F.3d 1211 (9th Cir. 1997) - full text opinion
In this case,
Quaker Oats contracted with Entertainment Research Group to make
inflatable costumes (like the one to the left) of its cereal mascots
Tucan Sam and
Cap'n Crunch. Later, Quaker Oats ordered identical costumes from ERG's competitor,
Aerostar.
The court ruled that the inflatable costumes could not be afforded copyright protection because they did not have sufficient originality to be protected as derivative works. Irregardless, why not
buy a inflatable costume of your own?