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"The only thing necessary for the triumph of evil is for good men to do nothing"
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L. Batlin & Son, Inc. v. Snyder, 536 F.2d 486 (2d Cir. 1976)

PLAINTIFF: L. Batlin & Son had been importing cast-iron Uncle Sam mechanical banks from Taiwan. Beginning in April, 1975, Batlin was notified by the United States Customs Service that the banks it was receiving were covered by Snyder's copyright and they were refusing entry to cast iron banks previously ordered.

DEFENDANT : Jeffrey Snyder, doing business as "J.S.N.Y.", obtained a registration of copyright on a plastic "Uncle Sam bank" in Class G ("Works of Art") as "sculpture" on January 23, 1975.

Jeffrey Snyder appeals from a preliminary injunction granted L. Batlin & Son, compelling him to cancel a recordation of a copyright with the United States Customs Service and restraining them from enforcing that copyright.

Uncle Sam mechanical banks have been on the American scene at least since June 8, 1886. The basic design has long since been in the public domain.

The district court held that there was "little probability" that Snyder's copyright "will be found valid in the trial on the merits" on the basis that any variations between Snyder's copyrighted plastic bank and a cast iron bank in the public domain were merely "trivial," and hence appellants' bank insufficiently "original" to support a copyright.

"The one pervading element prerequisite to copyright protection regardless of the form of the work" is the requirement of originality -- that the work be the original product of the claimant. Thus, "one who has slavishly or mechanically copied from others may not claim to be an author."

The Second Circuit Court of Appeals agreed with the district court and affirmed the judgment granting the preliminary injunction against Snyder.

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