Legal Opinion

Consumers Union of United States, Inc. v. Hobart Manufacturing Co.

District Court, S.D. New York

Decided December 4, 1961PublishedCited by 5 opinions

1Opinion of the Court

THOMAS F. MURPHY, District Judge.

Defendant Hobart moves for summary judgment.

We will presume a familiarity with Judge Dimock’s opinion (D.C., 189 F.Supp. 275, 278) denying plaintiff’s motion for a preliminary injunction.

Judge Dimock almost held that the quoted parts in defendants’ Bulletin copied from plaintiff’s report were not protected by copyright. He did not have to on such a motion, but we have no hesitancy in so holding and in adopting his language: “In no instance did material which was copied into the Bulletin have any original literary form which would entitle it to copyright…

2Cases cited3 opinions

  1. Lincoln Restaurant Corp. v. Wolfies Rest. Inc.Court of Appeals for the Second Circuit · 1961
  2. Consumers Union of United States, Inc. v. Hobart Manufacturing Co.District Court, S.D. New York · 1960
  3. Kane v. Pennsylvania Broadcasting Co.District Court, E.D. Pennsylvania · 1947

3Cited by5 opinions

  1. Alexander v. HaleyDistrict Court, S.D. New York · 1978
  2. Merritt Forbes & Co. v. Newman Investment Securities, Inc.District Court, S.D. New York · 1985
  3. Higgins v. BakerDistrict Court, S.D. New York · 1970
  4. Meeropol v. NizerDistrict Court, S.D. New York · 1976
  5. Amana Refrigeration, Inc. v. Consumers Union of United States, Inc.District Court, N.D. Iowa · 1977

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