New Line Cinema Corp. v. Easter Unlimited, Inc.
17 U.S.P.Q.2d (BNA) 1631 (1989)
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Rule of Law:
A fictional character's unique and highly delineated visual expressions, such as a distinctive glove, are protectable components under copyright law, and the sale of a substantially similar item by another party constitutes infringement if it is likely to cause consumer confusion as to its source.
Facts:
- In 1984, the film "A Nightmare on Elm Street" was created, featuring the central character Freddy Krueger.
- Freddy Krueger has a distinctive physical appearance, including a scarred face, a fedora, a striped sweater, and a leather glove with razor-sharp knives for fingers on his right hand.
- New Line Cinema Corporation produced multiple successful sequels, spent over $20 million on promotion, and established Freddy Krueger's image, especially the bladed glove, in the public consciousness.
- New Line licensed official merchandise, including posters, dolls, and over 435,000 authorized "Freddy gloves," generating significant royalty income.
- Easter Unlimited, Inc., a company specializing in holiday novelties, began marketing a product for its 1989 Halloween catalogue called "Living Nightmare - The Hand."
- Easter's product was a tight-fitting black glove with thin, flat, blade-like extensions attached to the fingers.
Procedural Posture:
- New Line Cinema Corporation sued Easter Unlimited, Inc. in the U.S. District Court for the Southern District of New York.
- The complaint alleged copyright infringement, trademark infringement, and unfair competition.
- New Line filed a motion for a preliminary injunction to prevent Easter from manufacturing, marketing, or selling its bladed glove product.
- The district court held an evidentiary hearing on the motion for the preliminary injunction.
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Issue:
Does the sale of a novelty glove with blade-like extensions on the fingers constitute copyright and trademark infringement of the rights held in the well-known fictional character Freddy Krueger, who is defined by a similar bladed glove?
Opinions:
Majority - Mishler
Yes, the sale of the glove constitutes copyright and trademark infringement. The character of Freddy Krueger is sufficiently delineated to receive copyright protection independent of the films, and this protection extends to component parts that significantly aid in identifying the character, such as his bladed glove. Easter's glove is substantially similar to New Line's copyrighted glove because it copies the core expression of the idea, even if there are minor differences. The court found that Easter had access to the original work and that its attempt to make slight changes was insufficient to avoid infringement. Furthermore, the sale of Easter's glove is likely to cause confusion among an appreciable number of prudent purchasers, particularly teenagers, as to its source or affiliation with the "Nightmare on Elm Street" franchise, thus constituting trademark infringement and unfair competition.
Analysis:
This decision solidifies the legal principle that specific, expressive, and visually distinctive elements of a fictional character can receive their own copyright protection, separate from the larger work in which they appear. It establishes that a signature accessory, like Freddy's glove, is not merely an unprotectable idea but a protectable expression. The case serves as a strong precedent for creators seeking to protect the lucrative merchandising rights of their characters' iconic attributes against knock-offs that may only copy a single, albeit qualitatively important, element. The ruling demonstrates how courts will reject arguments based on minor dissimilarities when the overall 'total concept and feel' of a key expressive feature has been appropriated.
