Nature of the Case
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Facts
Uncle Sam mechanical banks have been around since at least June 8, 1886. Its patent has long since expired. A description of the bank is that Uncle Sam, dressed in his usual stove pipe hat, blue full dress coat, starred vest, and red and white striped trousers, and leaning on his umbrella, stands on a four- or five-inch wide base, on which sits his carpetbag. A coin may be placed in Uncle Sam's extended hand. When a lever is pressed, the arm lowers, and the coin falls into the bag, while Uncle Sam's whiskers move up and down. The base has an embossed American eagle on it with the words 'Uncle Sam' on streamers above it, as well as the word 'Bank' on each side. D obtained a registration of copyright on a plastic 'Uncle Sam bank.' D wanted his bank to be made of plastic and to be shorter than the cast metal sample 'in order to fit into the required price range and quality and quantity of material to be used.' Uncle Sam was shortened and the base shortened and narrowed. D went to Hong Kong and a 'clay model' was made. A plastic 'prototype' was approved and D placed an order in May 1974. The plastic bank carried the legend '(c) Copyright J.S.N.Y.' and was assertedly first 'published' on October 15, 1974, before being filed with the Register of Copyrights in January 1975. P is also in the novelty business and D's trading company in Hong Kong procured a manufacturer and P ordered plastic copies. in April 1975, P was notified by the United States Customs Service that the plastic banks it was receiving were covered by D’s copyright. In addition, the Customs Service was also refusing entry to cast iron banks previously ordered. P instituted suit for a judgment declaring D’s copyright void. The court granted P an injunction. D appealed.
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