Legal Opinion

T. B. Harms Company v. Edward Eliscu and Ross Jungnickel, Inc.

Court of Appeals for the Second Circuit

Decided December 23, 1964No. 93, Docket 28921PublishedCited by 393 opinions

1Opinion of the Court

FRIENDLY, Circuit Judge:

A layman would doubtless be surprised to learn that an action wherein the purported sole owner of a copyright alleged that persons claiming partial ownership had recorded their claim in the Copyright Office and had warned his licensees against disregarding their interests was not one “arising under any Act of Congress relating to * * * copyrights” over which 28 U.S.C. § 1338. gives the federal courts exclusive jurisdiction. Yet precedents going back for more than a century teach that lesson and lead us to affirm Judge Weinfeld’s dismissal of the complaint.

The…

2Cases cited25 opinions

  1. Bell v. HoodSupreme Court of the United States · 1946
  2. Osborn v. Bank of United StatesSupreme Court of the United States · 1824
  3. Clearfield Trust Co. v. United StatesSupreme Court of the United States · 1943
  4. Romero v. International Terminal Operating Co.Supreme Court of the United States · 1959
  5. American Well Works Company v. Layne and Bowler CompanySupreme Court of the United States · 1916

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

3Cited by393 opinions

  1. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  2. Merrell Dow Pharmaceuticals Inc. v. Thompson Ex Rel. ThompsonSupreme Court of the United States · 1986
  3. Jones v. R. R. Donnelley & Sons Co.Supreme Court of the United States · 2004
  4. Phillips v. Audio Active Ltd.Court of Appeals for the Second Circuit · 2007
  5. Image Software, Inc. v. Reynolds & Reynolds Co.Court of Appeals for the Tenth Circuit · 2006

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API