Hess v. Petrillo
| Decision Date | 17 October 1958 |
| Docket Number | No. 12290.,12290. |
| Parties | Frank HESS, Plaintiff-Appellant, v. James Caesar PETRILLO, Leroy New, and Lloyd E. Wilson, all individually and as members of and on behalf of and as representatives of all the other members of the American Federation of Musicians, affiliated with the AFL-CIO, and Ross Christena, Art Gordon, Al Davis, Herbert Marks, Oscar White, Roland Muse, Billy Craydon and Joe Franklyn, and Many Others All Booking Agents, Licensed By The American Federation of Musicians, Defendants-Appellees. |
| Court | U.S. Court of Appeals — Seventh Circuit |
George Rose, Indianapolis, Ind., for appellant.
Daniel F. Cummings, Indianapolis, Ind., Stephen I. Schlossberg, Henry Kaiser, Washington, D. C., Clarence R. Martin and Leroy K. New, Indianapolis, Ind., Van Arkel & Kaiser, Washington, D. C., for appellees.
Before DUFFY, Chief Judge, HASTINGS, Circuit Judge, and WHAM, District Judge.
Plaintiff is a professional musician and for more than ten years has been a member of the American Federation of Musicians (hereinafter called the Union). Plaintiff invented an electronic combination of twelve musical instruments in one unit which can be played by one person. He received a patent on his invention dated March 12, 1957.
Plaintiff filed this suit in the United States District Court for the Southern District of Indiana. According to the complaint, the Union grants licenses to bookers and agents who secure engagements and contracts for musicians, orchestras and bands. Plaintiff alleges that after the Union objected to the performance by plaintiff upon his patented device on the ground that it was a threat to trios and bands, it conspired with the booking agents to prevent plaintiff from obtaining employment in performing upon his invention.
Defendants moved to dismiss the complaint on the ground that it did not state a claim upon which relief could be granted. The District Court granted the motion to dismiss.
The first reason advanced by plaintiff to show why the District Court had jurisdiction of this cause is that federal courts have exclusive jurisdiction of all cases arising under the patent laws of the United States. Plaintiff argues that the patent granted him sole rights to use, sell or manufacture his invention, and that the conspiracy between the Union and the booking agents effectively prevented him from making use of his patent. Plaintiff insists his rights in his patent have been nullified by the threat of retaliation by the Union against booking agents who would otherwise find engagements for the plaintiff.
It is clear that the complaint does not state a claim under the patent laws of the United States. Special Equipment Company v. Coe, 324 U.S. 370, 378, 65 S.Ct. 741, 745, 89 L.Ed. 1006.
Plaintiff next contends his rights under the First and Fifth...
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