Entertainment Research Group, Inc. v. Genesis Creative Group, Inc.

122 F.3d 1211 (9th Cir. 1997), cert. denied, 523 U.S. 1021 (1998)

In this case, Quaker Oats contracted with Entertainment Research Group to make inflatable costumes (like the one to the left) of its cereal mascots Tucan Sam and Cap'n Crunch. Later, Quaker Oats ordered identical costumes from ERG's competitor, Aerostar. The court ruled that the inflatable costumes could not be afforded copyright protection because they did not have sufficient originality to be protected as derivative works. Regardless, why not buy a inflatable costume of your own?