Tuesday, December 24, 2013

Cheney Brothers v. Doris Silk Corp. case brief

Cheney Brothers v. Doris Silk Corp. case brief summary
35 F.2d 279 (1929)

CASE SYNOPSIS
Plaintiff appealed the decision of the District Court of the United States for the Southern District of New York finding in favor of defendant in plaintiff's action for relief against defendant for defendant's copying of plaintiff's design, which had not been copyrighted.

CASE FACTS
Plaintiff sued defendant for relief under the copyright laws for defendant's copying of plaintiff's design, which had not been copyrighted. The district court found in favor of defendant. Plaintiff appealed.

DISCUSSION

  • The court affirmed the district court's decision. 
  • Because plaintiff had no recognized right at common law or under the copyright statutes, plaintiff's property was limited to the chattels embodied in his invention, with no protection from the imitation of such property. 
  • With no legal right of protection, plaintiff's action against defendant failed.
CONCLUSION
The decision, finding in favor of defendant in plaintiff's action for relief against defendant for defendant's copying of plaintiff's design, which had not been copyrighted, was affirmed.


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