Cash Dividend Check Corporation v. Davis

247 F.2d 458 114 U.S.P.Q. 32 CASH DIVIDEND CHECK CORPORATION, Appellant, v. Leonard F. DAVIS and Wayne Layton, Doing Business Under the Fictitious Firm Name and Style of Cash Saving Check Corporation and Cash Saving Check Corporation, Appellees. No. 15289. United States Court of Appeals Ninth Circuit. May 23, 1957. Lyon & Lyon, Reginald E. Caughey, Los Angeles, Cal., for appellant. Milton William Gordon, Los Angeles, Cal., for appellees. Before STEPHENS, FEE and BARNES, Circuit Judges. STEPHENS, Circuit Judge. 1 This is an action for infringement of a statutory copyright. Appellant, Cash Dividend Check Corporation, is the owner of a copyright as a 'book,' which, inclusive of a check with other descriptive material, is entitled 'Cash Dividend Check Pay to the Order of.' The Register of Copyrights issued his certificate of registration upon such 'work,' dated and identified as follows: 'February 15, 1934, Class AA 139152.' 2 The 'work' for which appellant's copyright was secured is for use in a method of doing business whereby savings stamps, so-called, supplied by appellant or its licensees are issued by merchants to purchasers of goods who thereafter affix to appellant's work…