Cheney Brothers v. Doris Silk Corp.
United States Court of Appeals for Second Circuit
35 F.2d 279 (1929)
Relevant factsFree
Cheney Brothers (plaintiff) manufactured seasonal silk patterns, some commercially successful, that stayed on the market for only 8 or 9 months, making copyright or patent registration impractical for each design. Doris Silk Corp. (defendant) copied one of Cheney's successful patterns and undersold it. Cheney sought an injunction against the copying; the trial court denied it, and Cheney appealed.
IssueFree
Whether a fabric design may be protected from copying by a court, in the absence of any copyright statute addressing the situation.