Independent News Co. v. Williams

OPINION OF THE COURT

SEITZ, Circuit Judge.

Plaintiffs appeal the dismissal of their complaint by the district court after final hearing.

Plaintiffs’ five count complaint seeking an injunction and damages was filed in 1960. Plaintiffs, Superman, Inc., and National Comics Publications, Inc. (“National”) own the copyright and trademark, and are the publishers of, inter alia, certain comic books. Plaintiff, Independent News Co., Inc. (“Independent”) is the sole and exclusive distributor of such comic books. Defendant, Harry Williams, is a Philadelphia distributor of second-hand books and magazines.…