Legal Opinion

Borden v. General Motors Corporation

District Court, S.D. New York

Decided June 21, 1939PublishedCited by 3 opinions

1Opinion of the Court

GALSTON, District Judge.

Plaintiffs bring this action against the defendants for the alleged infringement of a copyright of a book entitled “How to Win a Sales Argument”. The infringement is alleged to consist in the production and exhibition by the defendants of a motion picture entitled “Smooth Sale-ing”. It is contended that the motion picture embodies the teaching of the authors of certain principles of thought stated substantially in the same language and order set forth in their book.

The book comprises a foreword; Part I, a statement of principles; Part II, illustrations of the…

2Cases cited16 opinions

  1. Nichols v. Universal Pictures CorporationCourt of Appeals for the Second Circuit · 1930
  2. Kalem Co. v. Harper BrothersSupreme Court of the United States · 1911
  3. Dymow v. BoltonCourt of Appeals for the Second Circuit · 1926
  4. Holmes v. HurstSupreme Court of the United States · 1899
  5. Nutt v. National Institute Incorporated for the Improvement of MemoryCourt of Appeals for the Second Circuit · 1929

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3Cited by3 opinions

  1. April Productions, Inc. v. G. Schirmer, Inc.New York Court of Appeals · 1955
  2. Holdredge v. Knight Publishing CorporationDistrict Court, S.D. California · 1963
  3. Stuff v. La Budde Feed & Grain Co.District Court, E.D. Wisconsin · 1941

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