Cheney Brothers v. Doris Silk Corp.

Nature of the Case

This was an appeal from an order dismissing an unfair competition suit seeking damages and equitable relief.

Facts

Cheney Brothers (P) 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 could not be protected by copyright. Doris Silk Corp. (D) copied these patterns and undercut Cheney Brothers’ prices.

Cheney Brothers sued for damages and equitable relief under general property law. The parties stipulated that Doris knew the designs were created by Cheney Brothers. Cheney Brothers 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 and Cheney Brothers appealed.

Issue

Unless recognized under common law or by some statute, is a person’s property limited to the chattels which embody his invention?

Holding and Rule of Law

Yes. Unless recognized under common law or by some statute, a person’s property is limited to the chattels which embody his invention.

Imitation cannot be prevented because that would create a monopoly. There can be no common law patent protection because it would be impossible to determine the scope of that protection. The Supreme Court did not create such protection in the International News Service case and that ruling is limited to its facts. Congress has the power and authority to address this issue and it has already spoken by refusing to give such protection as requested by Cheney Brothers.

Disposition

Affirmed.