ARTICLE
3 November 2023

Guess The Costume? This Year's Best Knockoffs

SS
Seyfarth Shaw LLP

Contributor

With more than 900 lawyers across 18 offices, Seyfarth Shaw LLP provides advisory, litigation, and transactional legal services to clients worldwide. Our high-caliber legal representation and advanced delivery capabilities allow us to take on our clients’ unique challenges and opportunities-no matter the scale or complexity. Whether navigating complex litigation, negotiating transformational deals, or advising on cross-border projects, our attorneys achieve exceptional legal outcomes. Our drive for excellence leads us to seek out better ways to work with our clients and each other. We have been first-to-market on many legal service delivery innovations-and we continue to break new ground with our clients every day. This long history of excellence and innovation has created a culture with a sense of purpose and belonging for all. In turn, our culture drives our commitment to the growth of our clients, the diversity of our people, and the resilience of our workforce.
Halloween is a time for us to don a different persona to express our creative side or simply for a bit of fun. People of all ages pick costumes to transform into characters, creatures, or inanimate objects.
United States Intellectual Property

Halloween is a time for us to don a different persona to express our creative side or simply for a bit of fun. People of all ages pick costumes to transform into characters, creatures, or inanimate objects. Whether it's dressing up as a superhero, a classic movie character, or a spooky monster, costumes play a significant role in the festivities. But not all costumes are created equal, and every year there are numerous different knock-off costumes that mimic popular culture icons.

Knock-off costumes are costumes that closely mimic the appearance of well-known characters but are not produced or licensed by the copyright owners or trademark holders. These costumes often imitate the exact look, design, and features of popular characters without permission.

Which leads us to this year's Guess the Inspiration. Each of these will test your powers of observation and knowledge of popular culture.

To start it off, who is this groovy international man of mystery? Yeah baby.

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No Halloween would be complete without a deluxe evil madame with a non-cat fur coat:

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For those of you who love your tots (tater tots) we have a dynamite costume for consideration:

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This next one threw me for a loop when I was told it was a culture reference, as it looks like standard gear for fixing toilets to me:

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These are just some of the myriad of different knock-offs available this Halloween season. Knock-off costumes are difficult for legitimate rights owners to police. Under US law, costumes are not are generally protected by copyrights except in very limited circumstances. Purveyors of knock-off costumes are also careful to avoid using recognized trademarks in connection with the sale of the knock-offs, making it unlikely the buyer was confused by the purchase.

The examples shown above illustrate this difficulty faced by owners of iconic characters. Each of the costumes and associated packaging exemplified above is careful not to use the trademarks associated with the represented culture icons. Additionally, the knock-offs are composed of elements that are not protectible under copyright law. This allows these knock-offs to be sold without infringing any legal rights. The result is that Halloween is rife with knock-offs that seem to increase every year.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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