Louis Dejonge & Co. v. Breuker & Kessler Co.
Court of Appeals for the Third Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Pennsylvania. Suit in equity by Louis Dejonge & Co. against the Breuker & Kessler Company. Decree for defendant, and complainant appeals.
1Opinion of the Court
LANNING, Circuit Judge.
[1] In this case the Circuit Court decided (182 Fed. 150) that a painting, if it possess artistic merit and be suitable, also, for use as a design, may, at the owner’s election, be protected either by copyright or by patent. On this broad question we express no opinion. The case before us can be disposed of on the ground that, assuming that the complainant’s painting is such a *36one, the statutory conditions precedent to the investiture of the right to protection under the copyright law have not been complied with. For 75 years it has been the settled law of this country…
2Cases cited9 opinions
- Callaghan v. MyersSupreme Court of the United States · 1888
- Wheaton and Donaldson v. Peters and GriggSupreme Court of the United States · 1834
- Thompson v. HubbardSupreme Court of the United States · 1889
- Higgins v. KeuffelSupreme Court of the United States · 1891
- Merrell v. TiceSupreme Court of the United States · 1882
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Mazer v. SteinSupreme Court of the United States · 1954
- Ansehl v. Puritan Pharmaceutical Co.Court of Appeals for the Eighth Circuit · 1932
- DeJonge & Co. v. Breuker & Kessler Co.Supreme Court of the United States · 1914
- In re YardleyCourt of Customs and Patent Appeals · 1974
- Hoague-Sprague Corporation v. Frank C. Meyer Co.District Court, E.D. New York · 1929
7 more not listed; retrieve them via the Exa API.