Legal Opinion
Vacheron & Constantin-Le Coultre Watches, Inc. v. Benrus Watch Company, Inc.
Court of Appeals for the Second Circuit
Decided October 21, 1958No. 24934_1PublishedCited by 51 opinions
1Opinion of the Court
HAND, Circuit Judge.
This appeal arises upon a complaint in two counts — one for the defendant’s infringement of a registered copyright upon a wrist watch, and the other for infringement of Design Patent No. 178,091 upon the same watch. The complaint also contained a count for unfair competition which was dismissed, but from which the plaintiff has not appealed. The defendant moved to dismiss the copyright count because the watch was not copyrightable, and so Judge Dimock decided. Hence he found it unnecessary to hold whether § 13 of the Copyright Act, 17 U.S.C. § 13, forbade an action for…
2Cases cited11 opinions
- Mazer v. SteinSupreme Court of the United States · 1954
- Panama Canal Co. v. Grace Line, Inc.Supreme Court of the United States · 1958
- Dean A. Lyon v. Bausch & Lomb Optical Co.Court of Appeals for the Second Circuit · 1955
- White-Smith Music Pub. Co. v. GoffCourt of Appeals for the First Circuit · 1911
- Bouve v. Twentieth Century-Fox Film CorporationCourt of Appeals for the D.C. Circuit · 1941
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3Cited by51 opinions
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- Preferred Sites, LLC v. Troup CountyCourt of Appeals for the Eleventh Circuit · 2002
- Esquire, Inc. v. Barbara A. RingerCourt of Appeals for the D.C. Circuit · 1978
- Prunte v. Universal Music GroupDistrict Court, District of Columbia · 2007
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