This section contains the nature of the case and procedural background.

Cheney Brothers (P) were engaged in the design and manufacture of silks. Each year they designed several seasonal patterns. Most of them failed, but some were successful. Even when successful, their life span was usually only eight to nine months. It was virtually impossible to get design patents on them, and they were not protected by copyright. Doris Silk Corp. (D) copied these patterns, and undercut P's prices. P sued for damages and equitable relief under general property law. The parties stipulated that D knew the design was created by P. P contended that the Supreme Court in the International News Service case created a common law patent and that that rule was applicable in this case. Their suit was dismissed by the trial court. P appealed.

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