J. A. Richards, Inc. v. New York Post, Inc.

PATTERSON, District Judge.

The suit is for infringement of copyright. The defendant moves to dismiss the second and third counts as showing on their face that the plaintiff has not a valid copyright on the pamphlets involved in those counts.

The first count is for infringement of the plaintiff’s cyclopedia. No question is raised as to the sufficiency of that count. The second count is for infringement of an advertising pamphlet put out by the plaintiff. It is alleged that the plaintiff created a pamphlet consisting of extracts from the cyclopedia and of writings descriptive of it, a copy of the…