Whist Club v. Foster

S.D. New York

Whist Club v. Foster

42 F.2d 782, 3 U.S.P.Q. (BNA) 88, 1929 U.S. Dist. LEXIS 1119

CourtDistrict Court, S.D. New York

DecidedOctober 21, 1929

StatusPublished

Cited by5 cases

This text of 42 F.2d 782 (Whist Club v. Foster) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Whist Club v. Foster, 42 F.2d 782, 3 U.S.P.Q. (BNA) 88, 1929 U.S. Dist. LEXIS 1119 (S.D.N.Y. 1929).

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Opinion

THACHER, District Judge.

In the conventional laws or rules of a game, as distinguished from the forms or modes of expression in which they may be stated, there can be no literary property susceptible of copyright. Defendant has not infringed, because he has not copied the literary composition of the plaintiff’s publication, but, in language quite distinctly his own, has restated the same set of conventional precepts. This under all the authorities he was entitled to do, and neither the general acceptance of the rules as official, nor, if it were true, their rejection as officious, could have any bearing on this controversy.

Bill dismissed, with costs.

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THACHER, District Judge.

In the conventional laws or rules of a game, as distinguished from the forms or modes of expression in which they may be stated, there can be no literary property susceptible of copyright. Defendant has not infringed, because he has not copied the literary composition of the plaintiff’s publication, but, in language quite distinctly his own, has restated the same set of conventional precepts. This under all the authorities he was entitled to do, and neither the general acceptance of the rules as official, nor, if it were true, their rejection as officious, could have any bearing on this controversy.

Bill dismissed, with costs.

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Bluebook (online)

42 F.2d 782, 3 U.S.P.Q. (BNA) 88, 1929 U.S. Dist. LEXIS 1119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whist-club-v-foster-nysd-1929.

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