CHENEY BROTHERS

v.

DORIS SILK CORP.

Citator

Cited By

• Peter PAN Fabrics, Inc. v. Martin Weiner Corp., 274 F.2d 487 (2d Cir. 1960)
  …realize that the view I hold may seriously impair the use of copyright to prevent piracy in an area where this has been recognized to be rampant for thirty years, Cheney Bros. v. Doris Silk Corp., 2 Cir., 1929, 35 F. 2d 279, certiorari denied, 1930, 281 U.S. 728, 50 S.Ct. 245, 74 L.Ed. 1145, and probably for much longer, since it may not be practicable to affix the notice to an inside seam on every repetition of the design. It can be argued also that this is to insist on a useless formality since, though th…
• Pagliero v. Wallace China Co., 198 F.2d 339 (9th Cir. 1952)
  …Associated Press, 1918, 248 U.S. 215, 39 S.Ct. 68, 63 L.Ed. 211. But the logic of the International News rationale has not been extended to the design situation. Cheney Bros. v. Doris Silk Corp., 2 Cir., 1929, 35 F. 2d 279, certiorari denied, 1930, 281 U.S. 728, 50 S.Ct. 245, 74 L.Ed. 1145. It has been said “that much discussed decision [International News] really held no more than that a western newspaper might not take advantage of the fact that it was published some hours later than papers in the east,…
• Am. Safety Table Co., Inc. v. Schreiber, 269 F.2d 255 (2d Cir. 1959)
  …ann, Unfair Competition and Trade-Marks, pp. 257-58 (2d ed. 1950). But this initial response to the problem has been curbed in deference to the greater public good. See Cheney Bros. v. Doris Silk Corp., 2 Cir., 1929, 35 F. 2d 279, certiorari denied 281 U.S. 728, 50 S.Ct. 245, 74 L.Ed. 1145; Millinery Creators’ Guild, Inc. v. Federal Trade Commission, 2 Cir., 1940, 109 F. 2d 175, 177, affirmed, 1941, 312 U.S. 469, 61 S.Ct. 708, 85 L.Ed. 955; J. C. Penney Co. v. H. D. Lee Mercantile Co., 8 Cir., 1941, 120 F.…