Legal Opinion
Loew's Incorporated v. Columbia Broadcasting System
District Court, S.D. California
Decided May 6, 1955No. 15602PublishedCited by 35 opinions
1Opinion of the Court
JAMES M. CARTER, District Judge.
This is an action for infringement of copyright pursuant to Title 28 U.S.C.A. § 1338(a) and Title 17 U.S.C.A. Ch. 2, §§ 101 to 116. A cause of action for unfair competition has been joined pursuant to Title 28, § 1338(b). Plaintiffs have waived damages and seek only an injunction.
The case presents novel questions in the law of literary property and is a case of first impression. It presents a major issue — Is a charge of copyright infringement, where the defendant has taken a substantial part of the copyrighted work, defeated by the fact that the appropriated…
2Cases cited68 opinions
- United States v. Paramount Pictures, Inc.Supreme Court of the United States · 1948
- Arnstein v. PorterCourt of Appeals for the Second Circuit · 1946
- Mazer v. SteinSupreme Court of the United States · 1954
- Nichols v. Universal Pictures CorporationCourt of Appeals for the Second Circuit · 1930
- Sheldon v. Metro-Goldwyn Pictures CorporationCourt of Appeals for the Second Circuit · 1936
63 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Fogerty v. Fantasy, Inc.Supreme Court of the United States · 1994
- Rosemont Enterprises, Inc. v. Random House, Inc. And John KeatsCourt of Appeals for the Second Circuit · 1966
- Walt Disney Productions v. The Air PiratesCourt of Appeals for the Ninth Circuit · 1978
- Irving Berlin v. E. C. Publications, Inc.Court of Appeals for the Second Circuit · 1964
- Marvin Fisher D/B/A Marvin Music Company and Jack Segal v. Rick Dees, Atlantic Recording Corporation, Warner Communications, Inc.Court of Appeals for the Ninth Circuit · 1986
30 more not listed; retrieve them via the Exa API.