Betty boop and the return of aesthetic functionality: A bitter medicine against 'Mutant Copyrights'?

This article offers a brief overview of the history and developments of the doctrine of aesthetic functionality in the United States and examines the recent decisions in Fleischer Studios, Inc v AVELA, Inc. In particular, the article argues that the courts in Fleischer added an important element to...

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Bibliographic Details
Main Author: CALBOLI, Irene
Format: text
Language:English
Published: Institutional Knowledge at Singapore Management University 2014
Subjects:
Online Access:https://ink.library.smu.edu.sg/sol_research/2312
https://ink.library.smu.edu.sg/context/sol_research/article/4264/viewcontent/BettyBoop_ELIR_2014_afv.pdf
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Institution: Singapore Management University
Language: English
Description
Summary:This article offers a brief overview of the history and developments of the doctrine of aesthetic functionality in the United States and examines the recent decisions in Fleischer Studios, Inc v AVELA, Inc. In particular, the article argues that the courts in Fleischer added an important element to the interpretation of the doctrine, namely the fact that the courts seemed willing to resort to aesthetic functionality to counter the consequences resulting from the practice of using trade mark protection as an additional form of protection for copyrighted, or once copyrighted, creative works.