Legal Opinion
Capitol Records, Inc. v. Mercury Records Corporation
Court of Appeals for the Second Circuit
Decided April 12, 1955No. 95, Docket 23215PublishedCited by 65 opinions
1Opinion of the Court
DIMOCK, District Judge.
Plaintiff obtained below an injunction against manufacture and distribution of phonograph records by defendant. The phonograph records bear recordings of performances by highly gifted artists of certain musical compositions. Since each party by stipulation disclaims ownership in any of the compositions by virtue of copyright, we treat them as in the public domain for the purposes of the case. Plaintiff derives its title, such as it is, from Telefunkenplatte, G.m.b.H., hereinafter called “Telefunken”, in Berlin, Germany, which purported to sell to plaintiff matrix…
2Cases cited12 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- White-Smith Music Publishing Co. v. Apollo Co.Supreme Court of the United States · 1908
- Metropolitan Opera Ass'n, Inc. v. Wagner-Nichols Recorder Corp.New York Supreme Court · 1950
- Metropolitan Opera Ass'n v. Wagner-Nichols Recorder Corp.Appellate Division of the Supreme Court of the State of New York · 1951
- American Code Co. v. BensingerCourt of Appeals for the Second Circuit · 1922
7 more not listed; retrieve them via the Exa API.
3Cited by65 opinions
- Goldstein v. CaliforniaSupreme Court of the United States · 1973
- Gee v. CBS, INC.District Court, E.D. Pennsylvania · 1979
- Albert Ettore v. Philco Television Broadcasting Corporation, Clayton, Inc. & Chesebrough Manufacturing Company, ConsolidatedCourt of Appeals for the Third Circuit · 1956
- Subafilms, Ltd. v. MGM-Pathe Communications Co.Court of Appeals for the Ninth Circuit · 1994
- Joseph J. Ricciuti v. Voltarc Tubes, Inc.Court of Appeals for the Second Circuit · 1960
60 more not listed; retrieve them via the Exa API.