Legal Opinion

Falk v. Gast Lith. & Eng. Co.

U.S. Circuit Court for the District of Southern New York

Decided September 25, 1889PublishedCited by 5 opinions

In Equity. Bill for injunction against infringement of copyright.

1Opinion of the CourtLa combe, J.

The statute provides (section 4962, Rev. St.) that no person shall maintain an action for the infringement of his copyright, unless he shall give notice thereof (in the case of a photograph) by inscribing upon some portion of the face or front of the several copies published, or on the face of the substance upon which they are mounted, the -words, “Entered according to act of congress,” etc. Compliance with this requirement must he pleaded and proved as a prerequisite to the maintenance of complainant’s action; but it would lay an unreasonable burden upon him to require separate, distinct,…

2Cited by5 opinions

  1. Gerlach-Barklow Co. v. Morris & Bendien, Inc.Court of Appeals for the Second Circuit · 1927
  2. Peter Pan Fabrics, Inc. v. Acadia CompanyDistrict Court, S.D. New York · 1959
  3. Stephens v. Howells Sales Co.District Court, S.D. New York · 1926
  4. Cazier v. Mackie-Lovejoy Mfg. Co.Court of Appeals for the Seventh Circuit · 1905
  5. Pujals v. Columbia Graphophone Co.District Court, D. Puerto Rico · 1922

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