Public Ledger v. New York Times
District Court, S.D. New York
In Equity. Suit by the Public Ledger against the New York Times and others. On motion to dismiss bill. This is a. motion to dismiss a bill in equity upon its face. The bill is composed of two causes of action, one in copyright and the other in unfair competition. In each it alleged that the complainant was a Pennsylvania, and the defendant a New York, corporation, and the individual defendants citizens of New York.
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In Equity. Suit by the Public Ledger against the New York Times and others. On motion to dismiss bill. This is a. motion to dismiss a bill in equity upon its face. The bill is composed of two causes of action, one in copyright and the other in unfair competition. In each it alleged that the complainant was a Pennsylvania, and the defendant a New York, corporation, and the individual defendants citizens of New York. In each it aileged that “the value of the matter or thing actually in controversy in this case is in excess of 83,000.” In substance the first cause of action alleged that both…
1Opinion of the Court
LEARNED HAND, District Judge,
ft] Not being an “author,” the plaintiff concedes that it must he “proprietor” of the literary property in the letter in order to secure a valid copyright in the United States, and so of course the statute requires. Section 8, Copyright Act (Comp. Si. § 9524). The statute of 1909 does not define “proprietor,” but under the act of 1831 (4 St at. 436), where in one part the word “assigns” is used and another the word “proprietor,” the two were taken as synonymous. Mifflin v. R. H. White Co., 190 U. S. 260, 262, 23 Sup. Ct. 769, 47 L. Ed. 1040. Under Revised…
2Cases cited10 opinions
- International News Service v. Associated PressSupreme Court of the United States · 1919
- American Tobacco Co. v. WerckmeisterSupreme Court of the United States · 1907
- Blackburn v. Portland Gold Mining Co.Supreme Court of the United States · 1900
- Belford v. ScribnerSupreme Court of the United States · 1892
- Mifflin v. R. H. White Co.Supreme Court of the United States · 1903
5 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Victor Decosta v. Viacom International, Inc.Court of Appeals for the First Circuit · 1992
- M. Witmark & Sons v. Pastime Amusement Co.District Court, D. South Carolina · 1924
- Houghton Mifflin Co. v. Stackpole Sons, Inc.Court of Appeals for the Second Circuit · 1939
- In Re Waterson, Berlin & Snyder Co.Court of Appeals for the Second Circuit · 1931
- Fields v. Comm'rUnited States Tax Court · 1950
17 more not listed; retrieve them via the Exa API.