Legal Opinion
Avedon v. Exstein
District Court, S.D. New York
Decided May 21, 1956PublishedCited by 7 opinions
1Opinion of the Court
DIMOCK, District Judge.
This is á motion by defendants, pursuant to Rule 12(b) (6), F.R.C.P., 28 U.S. C., to dismiss the complaint for failure to state a claim upon which relief can be granted.
Plaintiff, a commercial photographer, brought suit to recover damages for infringement of copyright, breach of contract and inducing a breach of contract, and for a declaratory judgment that h'e is the owner of the copyright involved. The complaint alleges a contract between plaintiff and defendant Friend, Reiss, Mc-Glone Advertising, advertising agency for defendant Marboro Book Club, Inc., whereby…
2Cases cited2 opinions
- Grant v. Kellogg Co.District Court, S.D. New York · 1944
- Lawrence v. YllaNew York Supreme Court · 1945
3Cited by7 opinions
- Cliff May v. Morganelli-Heumann & AssociatesCourt of Appeals for the Ninth Circuit · 1980
- Russell v. BooksNew York Supreme Court · 1959
- Geisel v. Poynter Products, Inc.District Court, S.D. New York · 1968
- Playboy Enterprises, Inc. v. DumasDistrict Court, S.D. New York · 1993
- National Council of Young Israel, Inc. v. Feit Co., Inc.District Court, S.D. New York · 1972
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