Legal Opinion

Hewitt v. Coward

New York Supreme Court

Decided May 10, 1943PublishedCited by 9 opinions

1Opinion of the CourtBernstein, J.

This is a motion by the defendants for judgment on the pleadings in an action for an injunction, damages and an accounting upon a complaint which alleges that the defendants, in publishing a book and producing a play entitled “ Blithe Spirit ”, written by the defendant, Noel Coward, have infringed upon the common-law copyright of the plaintiff in a playlet written by him, entitled “ Spirits ” or “ Husbands and Wives ”. The device of determining on a motion for judg*1066ment on the pleadings whether there is sufficient similarity between two compositions has never been employed in a suit for…

2Cases cited13 opinions

  1. Nichols v. Universal Pictures CorporationCourt of Appeals for the Second Circuit · 1930
  2. Dymow v. BoltonCourt of Appeals for the Second Circuit · 1926
  3. Holmes v. HurstSupreme Court of the United States · 1899
  4. Fendler v. MoroscoNew York Court of Appeals · 1930
  5. Shipman v. R.K.O. Radio Pictures, Inc.Court of Appeals for the Second Circuit · 1938

8 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Stanley v. Columbia Broadcasting System, Inc.California Supreme Court · 1950
  2. Zachary v. Western Publishing Co.California Court of Appeal · 1977
  3. Heywood v. Jericho Co.New York Supreme Court · 1948
  4. Malkin v. DubinskyNew York Supreme Court · 1960
  5. Golding v. R.K.O. Pictures, Inc.California Supreme Court · 1950

4 more not listed; retrieve them via the Exa API.

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