(1978)
DON POST STUDIOS, INC. v. CINEMA SECRETS, INC.
John Carpenter’s 1978 motion picture ‘Halloween’ depicts a deranged serial killer named Michael Myers wearing an all white mask who terrorizes a small midwestern town on Halloween night. The popularity of the film and its progeny have spawned a demand for masks resembling the one worn by the fictional character in the movie. The instant case involves a dispute over the origin and authenticity of competing masks bearing a resemblance to the one worn by the character Michael Myers in the movie.
The prototype of the mask worn by the Michael Myers character was created by plaintiff, Don Post Studios, at the request of the Halloween filmmakers. At the time that Don Post Studios created and delivered the mask prototype, it did not claim nor did it reserve any rights to the mask worn by the character Michael Myers in the movie.
The Michael Myers mask was formed from a Captain Kirk mask, which is based on a foam master owned by Don Post Studios of Shatner’s head. Don Post Studios modified the Captain Kirk mask as per the film representative’s instructions and delivered it to the filmmakers. In return, Don Post Studios was paid $150.00 for its work on the mask. Don Post Studios did not assert, nor did it reserve any rights to the mask at that time. It was this modified Captain Kirk mask that was worn by the character Michael Myers in Halloween.
In 1986, Don Post Studios began marketing a mask called “Don Post the Mask” (“DPTM”). DPTM bears a strong resemblance to the mask worn by the character Michael Myers in the movie. Don Post Studios did not obtain a copyright registration to DPTM until 1998.
In 1999, defendant Cinema Secrets obtained a non-exclusive license from the Halloween filmmaker to begin producing a “Michael Myers” mask. Defendant’s Michael Myers mask purports to be a copy of the mask worn by the character Michael Myers in the movie. This Michael Myers mask and DPTM bear a striking resemblance to each other.
Don Post Studios alleges that defendant’s Michael Myers mask is a copy, not of the mask worn by Michael Myers in the movie, but rather of DPTM. To the contrary, Cinema Secrets contends that it is DPTM that is a copy of the mask worn by the character Michael Myers. The ultimate factual issue is who copied which mask from whom and, if so, when did the copying take place.