CHENEY BROTHERS V. DORIS SILK CORP.
35 F.2d 279 (2nd Cir. 1929)
NATURE OF THE CASE: This was an appeal from an order dismissing an action seeking damages
and equitable relief due to unfair competition. The appeal was taken from the trial court
sustaining the demurrer to the complaint for declaratory relief.
FACTS: Cheney Brothers (P) were engaged in the design and manufacture of silks. Each year
they designed several seasonal patterns. Most of them failed but some were successful. Even
when successful, their life span was usually only eight to nine months. It was virtually
impossible to get design patents on them and they were not protected by copyright. Doris
Silk Corp. (D) copied these patterns, and undercut P's prices. P sued for damages and
equitable relief under general property law. The parties stipulated that D knew the design
was created by P. P contended that the Supreme Court in the International News Service case
created a common law patent and that that rule was applicable in this case. Their suit was
dismissed by the trial court. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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