Judge David Hurd
As successful bidder on requests for proposals (RFP) from clothier Maurices Inc., Oz Mannequins International (Oz)—which does business in Australia and the United States—created junior and plus-size mannequin models (Oz Mannequins). Under a July 2010 agreement, the Oz Mannequins were sold to Maurices in 2010 and 2011. Claiming to have successfully bid on a 2011 RFP, RPM Displays Inc. created mannequins allegedly infringing Oz's copyrights, registered in March 2012, describing its mannequins as "sculptures." Under the Copyright Act RPM sought a declaration that it did not infringe Oz's copyright, and that Oz's mannequins were noncopyrightable "useful articles." Discussing Carol Barnhart Inc. v. Econ. Cover and Hart v. Dan Chase Taxidermy Supply, the court held judgment declaring the Oz Mannequins "useful articles" premature. The registered Oz's copyrights are presumed valid. To overcome such presumption RPM must show the Oz Mannequins have no design elements conceptually separable from their utilitarian function. RPM must show the Oz Mannequins are a further extension of the human torso mannequins in Carol Barnhart. In Carol Barnhart the parties agreed that the human torso mannequins at issue were useful articles.
