Legal Opinion

Mitchell v. Penton/Industrial Publishing Co.

District Court, N.D. Ohio

Decided December 27, 1979No. C79-1863PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

WILLIAM K. THOMAS, District Judge.

This action, originally filed in the United States District Court for the Southern District of Texas, was transferred to this court. It is currently before the court on defendant’s motion to strike 1 Count II of plaintiff’s complaint, 2 which charges defendant with the common law tort of “unfair competition.”

Plaintiff’s complaint contains two counts and is brought pursuant to 28 U.S.C. § 1338(a) and (b). Count I presents a claim for copyright infringement and alleges that plaintiff authored “an original” book entitled Records Retention…

2Cases cited6 opinions

  1. Sears, Roebuck & Co. v. Stiffel Co.Supreme Court of the United States · 1964
  2. Ex Parte HullSupreme Court of the United States · 1941
  3. Compco Corp. v. Day-Brite Lighting, Inc.Supreme Court of the United States · 1964
  4. Goldstein v. CaliforniaSupreme Court of the United States · 1973
  5. Tivoli Realty, Inc. v. Paramount Pictures, Inc.District Court, D. Delaware · 1948

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

3Cited by5 opinions

  1. Vault Corporation v. Quaid Software LimitedCourt of Appeals for the Fifth Circuit · 1988
  2. Schuchart & Associates, Professional Engineers, Inc. v. Solo Serve Corp.District Court, W.D. Texas · 1982
  3. Sargent v. American Greetings Corp.District Court, N.D. Ohio · 1984
  4. Murr v. OdmarkIdaho Court of Appeals · 1987
  5. Burnett v. Warner Bros. Pictures, Inc.New York Supreme Court · 1985

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