Legal Opinion

Edward B. Marks Music Corporation, Plaintiff-Appellant-Appellee v. Charles K. Harris Music Publishing Co., Inc., Defendant-Appellee-Appellant

Court of Appeals for the Second Circuit

Decided May 16, 1958No. 276, Docket 24042PublishedCited by 71 opinions

1Opinion of the Court

CLARK, Chief Judge.

Plaintiff instituted this action in 1944 for a declaratory judgment that it was the sole owner of the renewed copyrights in a number of songs written by Joseph E. Howard and for an injunction restraining defendant from infringing its copyrights. Defendant asked by way of counterclaim for like relief in its favor. After numerous delays the case came to trial in 1955. The district court’s judgment declared the defendant the sole owner of the renewed copyrights in 28 of the songs, and the plaintiff the sole owner of the renewed copyrights in 154 of the songs. In addition it…

2Cases cited6 opinions

  1. Rossiter v. VogelCourt of Appeals for the Second Circuit · 1943
  2. G. Ricordi & Co. v. Paramount Pictures, Inc.Court of Appeals for the Second Circuit · 1951
  3. Security Insurance Company Of New Haven v. WhiteCourt of Appeals for the Tenth Circuit · 1956
  4. D. O. Haynes & Co. v. Druggists' CircularCourt of Appeals for the Second Circuit · 1929
  5. Pollitzer v. FosterCourt of Appeals for the Sixth Circuit · 1932

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

3Cited by71 opinions

  1. Kaspar Wire Works, Inc. v. Leco Engineering and MacHine Inc.Court of Appeals for the Fifth Circuit · 1978
  2. Mycogen Corp. v. Monsanto Co.California Supreme Court · 2002
  3. Martens v. ThomannCourt of Appeals for the Second Circuit · 2001
  4. Stone v. WilliamsCourt of Appeals for the Second Circuit · 1992
  5. Nova Research, Inc. v. Penske Truck Leasing Co.Court of Appeals of Maryland · 2008

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

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