· 10/1/2010
Bradbury v. Monaghan
Citations
- 77 A.D.3d 1424
- 908 N.Y.S.2d 476
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that a defendant may rebut a prima facie case of misappropriation of ideas by showing that he or she independently created the work at issue
- finding that plaintiff’s unfair competition claim is “based upon the alleged misappropriation of novel ideas contained in the plaintiff’s copyrighted manuscript”
- distinguishing common law-protected ideas from federal law-copyrightable expressions of ideas
- idea that is not novel is not cognizable as property and thus cannot be misappropriated or stolen
- “Lack of novelty in an idea is fatal to any cause of action for its unlawful use.” (emphasis in original) (cleaned up)
- novelty determined by whether an idea is “truly innovative” and merits special protection
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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