E. H. Tate Co. v. Jiffy Enterprises, Inc.

KIRKPATRICK, Chief Judge.

Sur Plaintiff’s Motion to Dismiss Second, Third and Fourth Causes of Action in the Defendant’s Amended Counterclaim

The second cause of action is for copyright infringement. The only feature of the copyrighted material which the defendant alleges to have been copied by the plaintiff consists of three small sketches each about half the size of one’s fingernail on a card approximately five inches square. These sketches are purely functional in the sense that their purpose on the card is to instruct purchasers of the article how to use it. The plaintiff’s sketches are not…