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· 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).

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.