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Cheney Brothers v. Doris Silk Corp.

United States Court of Appeals for Second Circuit
35 F.2d 279 (2d Cir. 1929)



Cheney Brothers (plaintiff) manufactured seasonal silks in various patterns, some of which succeeded commercially and some of which did not. Even commercially successful patterns did not last more than 8 or 9 months on the market. Copyright and patent laws made it impractical for Cheney Brothers to register and protect each print it produced every year. Doris Silk Corp. (defendant) copied one of Cheney Brothers’s successful prints and made it available for less than Cheney Brothers’s price. Cheney Brothers sought to enjoin Doris Silk Corp. from using its designs and undercutting its sales. The trial court denied the injunction, and Cheney Brothers appealed.

Rule of Law


Holding and Reasoning (Learned Hand, J.)

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