Legal Opinion
Marks v. Leo Feist, Inc.
Court of Appeals for the Second Circuit
Decided April 2, 1923No. 178PublishedCited by 14 opinions
1Opinion of the Court
MANTON, Circuit Judge.
This bill is in equity, and appellant seeks a preliminary injunction to restrain an alleged infringement of a musical copyright and also seeks damages. On December 28, 1905, the musical composition “Wedding Dance Waltz” was copyrighted, and appellant is now the owner of the copyright. Appellee puts out a song entitled “Swanee River Moon,” which was copyrighted April 4, 1921. While the sale of this composition was commenced in April, 1921, it reached successful proportions in September, 1921, when it met with great popular favor. In March, 1922, after 7 months of…
2Cases cited1 opinion
- Eggers v. Sun Sales Corp.Court of Appeals for the Second Circuit · 1920
3Cited by14 opinions
- Nichols v. Universal Pictures CorporationCourt of Appeals for the Second Circuit · 1930
- Fred Fisher, Inc. v. DillinghamDistrict Court, S.D. New York · 1924
- M. Witmark & Sons v. Pastime Amusement Co.District Court, D. South Carolina · 1924
- Marks v. Leo Feist, Inc.Court of Appeals for the Second Circuit · 1925
- Greenbie v. NobleDistrict Court, S.D. New York · 1957
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