Legal Opinion
Atlantic Monthly Co. v. Post Pub. Co.
District Court, D. Massachusetts
Decided July 3, 1928No. 2812PublishedCited by 33 opinions
1Opinion of the Court
MORTON, District Judge.
This is a suit to restrain infringement of copyright, and to recover damages and profits, or, in the alternative, an award in lieu of damages, under section 25 of the Copyright Law (17 TJSCA § 25). It was fully heard in open court, both on liability and damages. The facts are as follows:
The article in question was an open letter from Alfred E. Smith, Governor of New York, to Charles C. Marshall, in reply to an article by Mr. Marshall which was published in the April, 1927, number of the Atlantic Monthly. Mr. Sedgwick, the editor of this magazine, being interested in the…
2Cases cited13 opinions
- Rosenthal v. WalkerSupreme Court of the United States · 1884
- Root v. Railway Co.Supreme Court of the United States · 1882
- Callaghan v. MyersSupreme Court of the United States · 1888
- American Tobacco Co. v. WerckmeisterSupreme Court of the United States · 1907
- Werckmeister v. American Lithographic Co.Court of Appeals for the Second Circuit · 1904
8 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Business Trends Analysts, Inc. v. The Freedonia Group, Inc. And the Freedonia Group, IncorporatedCourt of Appeals for the Second Circuit · 1989
- Deltak, Inc. v. Advanced Systems, Inc.Court of Appeals for the Seventh Circuit · 1985
- C. Brian Burke, M.D. v. National Broadcasting Company, Inc.Court of Appeals for the First Circuit · 1979
- Houghton Mifflin Co. v. Stackpole Sons, Inc.Court of Appeals for the Second Circuit · 1939
- Peter Pan Fabrics, Inc., and Henry Glass & Co. v. Jobela Fabrics, Inc.Court of Appeals for the Second Circuit · 1964
28 more not listed; retrieve them via the Exa API.