Cheney Brothers v. Doris Silk Corp. (1930) (stealing a silk design)

a.       Facts- P and D are manufacturers of silks. Because P’s designs only last a season, P is unable to copyright their designs. D then copies P’s designs. P sues D for copying P’s design

b.      Procedural History- Summary judgment for D, P appealed, Ct of appeals affirmed

c.       Issue- Whether, absent a copyright or right under a statute or common law, a suit can be brought for copying another’s design

d.      Holding- No, since P did NOT have a copyright or patent, P cannot recover against D for the imitation of P’s designs.

e.       Rule- A man’s property rights are limited to the chattels that embody his invention when there is no right under statute or common law

f.       Rationale-

                                                              i.      Since the designs last a couple months (short time), P has NO rights to prevent another from imitating said design

                                                            ii.      Absent a right under statute or common law, property rights are limited to the chattels that embody a man’s invention

g.      Notes:

                                                              i.      POLICY: “To exclude others from the enjoyment of a chattel is one thing…to prevent any imitation of it, to set up a monopoly in the plan of its structure” is another thing

                                                            ii.      It’s Congress’ job to decide who gives patents, not the judge

                                                          iii.      NO common law copyright doctrine