M. Witmark & Sons v. Standard Music Roll Co.
Court of Appeals for the Third Circuit
Appeal from the District Court of the United States for the District of New Jersey; Edward G. Bradford, Judge. Suit by M. Witmark & Sons, a corporation, against the Standard Music Roll Company. From a decree (213 Fed. 532) in favor of defendant, plaintiff appeals.
1Opinion of the Court
HUNT, Ci'rciut Judge.
Witmark & Sons, plaintiff corporation, has appealed from an interlocutory decree of the District Court in and for the District of New Jersey adjudging that the Standard Music Roll Company, defendant, has not infringed the plaintiff’s copyright in the musical composition, “In the Garden of My Heart,” and dismissing the complaint, and refusing an injunction with respect to the composition, and decreeing that the costs of the District Court be divided between the parties.
*378■ Witmark & Sons, appellant, is engaged in the publication of musical compositions. In the course of its…
2Cases cited3 opinions
- White-Smith Music Publishing Co. v. Apollo Co.Supreme Court of the United States · 1908
- Littleton v. Oliver Ditson Co.U.S. Circuit Court for the District of Massachusetts · 1894
- Hervieu v. J. S. Ogilvie Pub. Co.U.S. Circuit Court for the District of Southern New York · 1909
3Cited by7 opinions
- Metro-Goldwyn-Mayer Distributing Corp. v. Bijou Theatre Co.Court of Appeals for the First Circuit · 1932
- Standard Music Roll Co. v. F. A. Mills, Inc.Court of Appeals for the Third Circuit · 1917
- F. A. Mills, Inc. v. Standard Music Roll Co.District Court, D. New Jersey · 1915
- Edward B. Marks Music Corp. v. Continental Record Co.District Court, S.D. New York · 1954
- Shilkret v. Musicraft Records, Inc.District Court, S.D. New York · 1941
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