Hewitt v. Coward
New York Supreme Court
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
- Nichols v. Universal Pictures CorporationCourt of Appeals for the Second Circuit · 1930
- Dymow v. BoltonCourt of Appeals for the Second Circuit · 1926
- Holmes v. HurstSupreme Court of the United States · 1899
- Fendler v. MoroscoNew York Court of Appeals · 1930
- Shipman v. R.K.O. Radio Pictures, Inc.Court of Appeals for the Second Circuit · 1938
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3Cited by9 opinions
- Stanley v. Columbia Broadcasting System, Inc.California Supreme Court · 1950
- Zachary v. Western Publishing Co.California Court of Appeal · 1977
- Heywood v. Jericho Co.New York Supreme Court · 1948
- Malkin v. DubinskyNew York Supreme Court · 1960
- Golding v. R.K.O. Pictures, Inc.California Supreme Court · 1950
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