HALLOWEEN LEGALITIES

I brake from water topics for holidays. So, I was wondering what the case law may have said about some of the traditions surrounding Halloween.

VLAD, THE IMPALED

A drama club at a Texas university decided to produce the play "Dracula". In one of the final scenes of the play, Harker is to impale Vlad Dracula with a knife. Because a real knife was being used, the actor portraying Dracula wore a stab pad with a visible target strapped to his chest. In the performance, the actor portraying Harker missed the stab pad and stabbed the actor portraying Dracula in his chest. Dracula did not realize he had been stabbed. He entered into a coffin, which then was closed. In the darkness of the coffin, he discovered he was bleeding. The play continued, and Dracula emerged from the coffin with the bloody knife. However, he began to feel weak. The script called for Dracula to die in the arms of his love, Mina the Maiden. Instead of saying goodbye to Mina, he whispered to her to go call an ambulance. Mina ran off to call paramedics. Dracula "cut the final act short by giving a short ad-libbed soliloquy and quickly exiting the stage", according to a lower court. The actor portraying Dracula sued several parties, including the university. The Texas Supreme Court reversed a judgment against the university. (1)

WHICH WITCH?

The maker of a craft witch design sued the maker of a witch figure for alleged copyright infringement. Plaintiff sold a design to consumers who then were to make a witch figure which looked like it had just crashed into a tree. The design called for consumers to use plywood for the figure's body/clothing, hat, socks and boots; a mop for the hair; and a black plastic trash bag for the cape. The design further suggested how consumers should paint the plywood..." Defendant produced a witch figure on a broom that appeared to crash into a tree. "The figures are finished products made from refined materials, with detailed features such as molded plastic hands, socks and boots; silk-like hair; molded-foam arms, legs and body; and fabric hat, clothing, and cape." The court held that there was no infringement. (2)

HOLDING THE BAG

Plaintiff sued, alleging infringement of its patent for a pumpkin leaf bag. "The products in dispute are oversize orange plastic bags which are tucked at the bottom and imprinted with black graphics; when stuffed with dry leaves or crumpled newspapers, the products simulate giant jack-o-lanterns suitable for decorating a lawn during the Halloween season." According to the court, plaintiff's bag had a scary face on one side and a happy face on the other, whereas defendant's bag had a face on only one side, had a different bottom closure and lacked vertical black lines. The court held for plaintiff. (3)

SPIDERS, BATS, GHOSTS AND BLACK CATS

An importer of women's sweaters challenged federal Custom's classification of the sweaters as "sweaters" rather than as "festive articles." The spider sweater depicted webs around the collar and sleeves with a spider dangling from the collar. The court held that it was a festive article because it "is sold exclusively during the festive occasion for Halloween and that it is used principally during Halloween." The court made similar rulings as to sweaters depicting bats and ghosts. However, the court held that sweaters showing black cats were not festive articles, because black cats are not so intrinsically linked to Halloween. (4)

HE'S ALIVE!

A Ohio court recently held that a man who appeared in court is legally dead and cannot become legally alive again. Allegedly, the man became legally dead eight years after he disappeared and the time limit for reversing that death ruling had expired. The man sought to reverse his death ruling to reinstate social security and driver's license benefits. The judge is quoted as saying "I don't know where this leaves you, but you're still deceased as far as the law is concerned." Unclear is whether the man must pay income taxes and comply with the Obamacare mandate. At any rate, he appears to be one of the living dead! (5)

Have a Happy and Legal Halloween!

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(1) Texas A & M University v. Bishop, 156 S.W.2d 580 (Tex.2005)

(2) Winfield Collection v. Gemmy Industries, US Ct. App. 6th Cir. (2005)

(3) Sun Hill v Easter Unlimited, 831 F.Supp.1024 (E.D.N.Y.1993)

(4) Michael Simon Design v. United States, 452 F.Supp.2d 1316 (Ct.Int.Trade 2006)

(5) Dunn, Courier.com, Findlay, Ohio, October 8, 2013