Jewelers' Circular Pub. Co. v. Keystone Pub. Co.
District Court, S.D. New York
In Equity. Suit by the Jewelers’ Circular Publishing Company against the Keystone Publishing Company. This ease comes up upon exceptions to a report of Hon. E. Henry Laeombe, special master, filed June 9, 1921. Both parties except, hut it will be necessary only to take up the defendant’s exceptions, which raise only questions of law. The suit is in equity for infringement of a copyright, the evidence being referred, to a master in the first instance.
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In Equity. Suit by the Jewelers’ Circular Publishing Company against the Keystone Publishing Company. This ease comes up upon exceptions to a report of Hon. E. Henry Laeombe, special master, filed June 9, 1921. Both parties except, hut it will be necessary only to take up the defendant’s exceptions, which raise only questions of law. The suit is in equity for infringement of a copyright, the evidence being referred, to a master in the first instance. The plaintiff is the publisher of the periodical of the jewelry trade known as the “Jewelers’ Circular,” which in 1915 published and copyrighted…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). [1] First, as to validity: I think that the plaintiff’s book is clearly a “directory” or án “other compilation;” and as such it falls within section 5 (a) of the Copyright Act (Comp. St. § 9521 [a]). Under section 6 (Comp. St. 9522) it is not necessary in such cases that the matter compiled should itself be copyrighted; it may be in the public domain. Therefore it is altogether immaterial that the trade-marks themselves could not be copyrighted, or whether section 3 of chapter 301 of the Laws of 1874 still remains in force. If the trade-marks be “prints” at…
2Cases cited8 opinions
- Bleistein v. Donaldson Lithographing Co.Supreme Court of the United States · 1903
- Burrow-Giles Lithographic Co. v. SaronySupreme Court of the United States · 1884
- Edward Thompson Co. v. American Law Book Co.Court of Appeals for the Second Circuit · 1903
- Sampson & Murdock Co. v. Seaver-Radford Co.Court of Appeals for the First Circuit · 1905
- List Pub. Co. v. KellerU.S. Circuit Court for the District of Southern New York · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Alfred Bell & Co. Ltd. v. Catalda Fine Arts, Inc.Court of Appeals for the Second Circuit · 1951
- John C. Boyle, Paintiff-Appellant v. United StatesCourt of Appeals for the Federal Circuit · 2000
- First Technology Safety Systems, Inc., a Michigan Corporation v. Paul Depinet Steven Fuhr Barry Wade Vector Research, Inc.Court of Appeals for the First Circuit · 1993
- Ets-Hokin v. Skyy Spirits, Inc.Court of Appeals for the Ninth Circuit · 2000
- Time Incorporated v. Bernard Geis AssociatesDistrict Court, S.D. New York · 1968
29 more not listed; retrieve them via the Exa API.