Jaccard v. R. H. Macy & Co.

In addition to the reasons upon which the trial court based its decision in awarding judgment to defendant, we find that such judgment was warranted for the further reason that the dress involved herein had been placed in the public domain without the protection of copyright. Accordingly, in the absence of unfair competition, defendant had the right to copy the dress, or to sell patterns thereof, and in doing so could truthfully state that the dress was designed by the individual plaintiff. (Ellis v. Hurst, 70 Misc. Rep. 122; affd., 145 App. Div. 918.) Under the circumstances the use of the…