International Film Service Co. v. Associated Producers, Inc.
District Court, S.D. New York
In Equity. Suit by the International Film Service Company, Incorporated, against the Associated Producers, Incorporated. On motion for preliminary injunction. This is a motion for an injunction against the exhibition of a photoplay by defendant. In 1906 one Bruno Sehelling wrote and published in the Cosmopolitan Magazine a story under the title “Broken Doll.” This was copyrighted under the general copyright of the magazine for that month, but appeared in no other form.
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In Equity. Suit by the International Film Service Company, Incorporated, against the Associated Producers, Incorporated. On motion for preliminary injunction. This is a motion for an injunction against the exhibition of a photoplay by defendant. In 1906 one Bruno Sehelling wrote and published in the Cosmopolitan Magazine a story under the title “Broken Doll.” This was copyrighted under the general copyright of the magazine for that month, but appeared in no other form. In 1910, and again in 1914, two photoplays appeared under the name “Broken Doll,” but the scenario of neither was in any…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). This case does not turn upon any copyright in the title. So much the plaintiff appears to concede. Harper v. Ranous (C. C.) 67 Fed. 904; Glaser v. St. Elmo Co. (C. C.) 175 Fed. 276; Corbett v. Purdy (C. C.) 80 Fed. 901; Osgood v. Allen, Fed. Cas. No. 10,603; Atlas, etc., Co. v. Street, 204 Fed. 398, 403 (semble), 122 C. C. A. 568, 47 L. R. A. (N. S.) 1002. The rule appears to me to have been implicitly recognized in Nat., etc., Co. v. Foundation Film Co. (C. C. A.) 266 Fed. 208, 210. At least I shall dispose of the case on that assumption, in view of the…
2Cases cited13 opinions
- Aunt Jemima Mills Co. v. Rigney & Co.Court of Appeals for the Second Circuit · 1917
- Kathreiner's Malzkaffee Fabriken mit Beschraenkter Haftung v. Pastor Kneipp Medicine Co.Court of Appeals for the Seventh Circuit · 1897
- Atlas Mfg. Co. v. Street & SmithCourt of Appeals for the Eighth Circuit · 1913
- National Picture Theatres, Inc. v. Foundation Film Corp.Court of Appeals for the Second Circuit · 1920
- Waldes v. International Mfrs.' Agency, Inc.District Court, S.D. New York · 1916
8 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Maljack Productions, Inc. v. Goodtimes Home Video Corp.Court of Appeals for the Ninth Circuit · 1996
- Sugar Busters LLC v. Ellen C. Brennan Theodore M. Brennan Shamrock Publishing Inc.Court of Appeals for the Fifth Circuit · 1999
- Rosenberg Bros. & Co. v. ElliottCourt of Appeals for the Third Circuit · 1925
- Johanna Farms, Inc. v. Citrus Bowl, Inc.District Court, E.D. New York · 1978
- Dial-A-Mattress Operating Corp. v. Mattress Madness, Inc.District Court, E.D. New York · 1994
16 more not listed; retrieve them via the Exa API.