Stein v. Expert Lamp Co.

• Decision Date: 22 May 1951
• Docket Number: No. 10347.,10347.
• Citation: 188 F.2d 611
• Parties: STEIN et al. v. EXPERT LAMP CO.
• Court: U.S. Court of Appeals — Seventh Circuit

188 F.2d 611 (1951)

STEIN et al. v. EXPERT LAMP CO.

No. 10347.

United States Court of Appeals Seventh Circuit.

May 2, 1951.

Rehearing Denied May 22, 1951.

Will Freeman, George E. Frost, Chicago, Ill., C. A. Miketta, Los Angeles, Cal., for appellants.

Max R. Kraus, Chicago, Ill., for appellee.

Before MAJOR, Chief Judge, and KERNER and SWAIM, Circuit Judges.

KERNER, Circuit Judge.

Plaintiffs brought this suit for an alleged infringement of two copyrights. In their complaint they charged defendant with having infringed the copyrights, and with unfair competition. The copyrights cover "statuettes" and fall under classification (g), Section 5, Title 17 U.S.C.A. § 5(g), which provides protection for "Works of art; models or designs for works of art." One of the copyrights is for a "Sculptured Figure of Female Balinese Dancer," and the other for a male Balinese dancer.

The record discloses that a hearing was had on plaintiffs' motion for a preliminary injunction, and on defendant's motion to dismiss the complaint. In its motion to dismiss, defendant urged, inter alia, that the copyright laws prevent the copyright registration of an article of manufacture such as electric lamps, even if the same is artistically made or ornamented; that the copyrights, if valid, are restricted to statuettes and not to electric table lamps; and that defendant does not manufacture or sell statuettes but is engaged in the selling and distribution of an electric lamp which is an article of manufacture for a utilitarian purpose.

It is true that plaintiffs have never manufactured and sold any statuettes such as they registered in the Copyright Office; they have, however, manufactured and sold electric table lamps which embody the design of the copyrighted statuettes, marked with a copyright notice, that is, plaintiffs have added lamp sockets and shades to the statuette and used it as a base or standard for table lamps, and it is undisputed that defendant has placed on the market and is selling table lamps which are identical in every respect with those of plaintiffs.

The trial judge held that plaintiffs' submission of the statuettes with the lamp mounting stubs to the Copyright Office was evidence of the practical use to which the statuettes were intended to be put, and that plaintiffs could not monopolize such use under the copyright statute. He denied the motion for an injunction and dismissed the complaint insofar as it related to the alleged copyright infringement. To reverse this order, plaintiffs have appealed.

In arguing for a reversal, plaintiffs make the point that the fact that the statuette may be utilized for some practicable use does not change the character of it. They insist that a sculptured statue is a "work of art," and since statuary is registrable matter they are entitled to protection, and the copyrights must be enforced. On the other hand, defendant contends that plaintiffs' copyrights do not cover or protect an electric table lamp, and that the Copyright Office cannot grant a monopoly on such a device. In support of plaintiffs' contention they cite, among other cases, Bleistein v. Donaldson Co., 188 U.S. 239, 23 S.Ct. 298, 47 L.Ed. 460; Pellegrini v. Allegrini, D.C., 2 F.2d 610; and United States v. Backer, 2 Cir., 134 F.2d 533. We have examined and considered all the cases cited but are not persuaded that a design of an electric lamp may be protected as a monopoly by means of a copyright registration, registered without an examination as to originality, novelty or inventiveness.

Congress has provided two separate and distinct classes or fields of protection, the copyright and the...