DeJonge & Co. v. Breuker & Kessler Co.
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT. The facts, which involve the construction of the copyright law as to the statutory notice of copyright upon reproductions of paintings, are stated in the opinion. In an action in equity under Rev. Stat., § 4970, the provisions of Rev. Stat., § 4962, are to be liberally construed. See amendments by act of June 18, 1874, c. 301, 18 Stat. 78; Amer.
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APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT. The facts, which involve the construction of the copyright law as to the statutory notice of copyright upon reproductions of paintings, are stated in the opinion. In an action in equity under Rev. Stat., § 4970, the provisions of Rev. Stat., § 4962, are to be liberally construed. See amendments by act of June 18, 1874, c. 301, 18 Stat. 78; Amer. Tobacco Co. v. Werckmeister, 207 U. S. 284, 291; Bobbs-Merrill v. Straus, 210 U. S. 337; Globe Newspaper Co. v. Walker, 210 U. S. 356; Myers v. Callar ghan, 5 Fed. Rep. 726, 732; S. C.,…
1Opinion of the CourtJustice Holmes
This is a bill to restrain an alleged infringement of a copyright under the law as it was before the act of March 4, 1909; c. 320, 35 Stat. 1075; viz. Rev. Stat., §§ 4952, 4970; act of June 18, 1874, c. 301, 18 Stat. 78. The work alleged to be infringed was described as a painting repre senting sprigs of holly, mistletoe and spruce, arranged in the form of an open cluster having substantially the outline of a square. It was exhibited in court, was a water color painting in fact, and no doubt might have been framed and used for the same purposes of pleasure as other more considerably, works of…
2Cases cited2 opinions
- American Tobacco Co. v. WerckmeisterSupreme Court of the United States · 1907
- Louis Dejonge & Co. v. Breuker & Kessler Co.Court of Appeals for the Third Circuit · 1911
3Cited by27 opinions
- Mazer v. SteinSupreme Court of the United States · 1954
- National Comics Publications, Inc. v. Fawcett Publications, Inc.Court of Appeals for the Second Circuit · 1951
- Ansehl v. Puritan Pharmaceutical Co.Court of Appeals for the Eighth Circuit · 1932
- Peter Pan Fabrics, Inc. v. Acadia CompanyDistrict Court, S.D. New York · 1959
- H. M. Kolbe Co., Inc. v. Armgus Textile Company, Inc. And Happy Cottons, Inc.Court of Appeals for the Second Circuit · 1963
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