Tabberone is pronounced tab ber won |
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From Jack Adelman, Inc. v. Sonners & Gordon, Inc, 112 F.Supp. 187 (SD New York 1934)
Plaintiff also cites Bracken v. Rosenthal, C.C., 151 F. 136, which held that a photograph of a copyrighted piece of sculpture was an infringement. But the distinction is plain. A dress is not copyrightable. A [page 190] picture of a dress is; and the statute expressly includes sculpture. To give an author or designer an exclusive right to manufacture the art described in the certificate of copyright registration, when no official examination of its novelty has ever been made, would unjustly create a monopoly and moreover would usurp the functions of letters-patent. |