Cheney Brothers v. Doris Silk Corp.
U.S. Court of Appeals 1930
Facts: (P) manufactures silk designs each season. (D) are accused of copying the design of the (P). Rule: A man’s property is limited to the chattels which embody his invention, however others are able to imitate these at their pleasure. Issues: Is (D) allowed to copy the invented designs of the (P)? Reasoning: (D) is allowed to imitate because otherwise the court would be setting up a monopoly on certain designs or property.
Smith v. Channel, Inc Facts: Smith copied the fragrance of Channel and sold it on the Channel coattails. Rule: AS person may imitate the uncopyrighted property of another