Designer Gets Preliminary Injunction In Suit Over Alien Costume

AFG Media LTD, a UK-based store that designs and sells costumes under its Morph trademark, was granted a preliminary injunction against e-commerce retailers selling similar alien costumes that allegedly violate AFG’s copyright.

The US District Court for the Western District of Pennsylvania on Dec. 29 rejected the retailers’ argument that AFG’s copyright is invalid because it lacks novelty and isn’t a sculpture. AFG sued the retailers for infringing the 2-D sculptural aspect of the costume—a costume that gives viewers the impression that the wearer is being carried around by an alien.

AFG’s alien costume is copyrightable since its artistic features ...