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Warner Brothers Entertainment v. One X Productions

United States Court of Appeals for the Eighth Circuit

644 F.3d 584 (2011)

Relevant factsFree

Warner Bros. (plaintiff) owned copyrights in Tom & Jerry shorts, The Wizard of Oz, and Gone with the Wind, but the films' original promotional materials, including posters showing the characters in varying costumes, hairstyles, and (for the earliest Tom & Jerry poster) as merely a generic cat and mouse, had entered the public domain for lack of proper copyright notice; AVELA (defendant) licensed products using images and combinations of images drawn from those public-domain promotional materials, including composite images merging elements from separate posters and three-dimensional statue adaptations. The district court granted Warner Bros. a permanent injunction against AVELA's products, and AVELA appealed.

IssueFree

Whether copyright protection for film characters is lost to the extent that widely identifiable characteristics of the characters have entered the public domain through promotional materials.

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