Tabberone is pronounced tab ber won not tay ber own

Tabbers Temptations     www.tabberone.com/Trademarks/ Home | Site Index | Disclaimer | Email Me! "The only thing necessary for the triumph of evil is for good men to do nothing" Edmund Burke

This information is taken directly from the court opinion. It is not taken out of context nor is it altered.

From Franklin Mint Corp. v. Nat. Wildlife Art Exchg , 575 F. 2d 62 (3rd Cir 1978): To reconcile the competing societal interests inherent in the copyright law, copyright protection has been extended only to the particular expression of an idea and not to the idea itself. See Mazer v. Stein, supra, 347 U.S. at 217-18, 74 S.Ct. 460; Baker v. Selden, 101 U.S. 99, 102-03, 25 L.Ed. 841 (1879). In Dymow v. Bolton, 11 F.2d 690, 691 (2d Cir. 1926), the court observed: "Just as a patent affords protection only to the means of reducing an inventive idea to practice, so the copyright law protects the means of expressing an idea; and it is as near the whole truth as generalization can usually reach that, if the 65 same idea can be expressed in a plurality of totally different manners, a plurality of copyrights may result and no infringement will exist." See also Comment, "Expression" and "Originality" in Copyright Law, 11 Washburn L.J. 440 (1972). Since copyrights do not protect thematic concepts, the fact that the same subject matter may be present in two paintings does not prove copying or infringement. Indeed, an artist is free to consult the same source for another original painting. As Justice Holmes stated: "Others are free to copy the original [subject matter]. They are not free to copy the copy." Bleistein v. Donaldson Lithographing Co., 188 U.S. 239, 249, 23 S.Ct. 298, 299, 47 L.Ed. 460 (1903).