Legal Opinion

Funkhouser v. Loew's, Inc.

Court of Appeals for the Eighth Circuit

Decided January 5, 1954No. 14798_1PublishedCited by 19 opinions

1Opinion of the Court

WOODROUGH, Circuit Judge.

Clifford Funkhouser brought this action for infringement and plagiarism in the United States District Court against Loew’s, Inc., seeking to recover damages in excess of $2,000,000. He alleged that defendant’s motion picture photoplay, “The Harvey Girls”, infringed upon and was copied from two literary compositions belonging to plaintiff, his copyrighted work entitled “Cupid Rides the Rails” and his unpublished manuscript “Old John Santa Fe”. Defendant denied that it had copied from plaintiff’s works and alleged that the dramatization of the motion picture play “The…

2Cases cited11 opinions

  1. Universal Pictures Co. v. Harold Lloyd CorporationCourt of Appeals for the Ninth Circuit · 1947
  2. Harold Lloyd Corporation v. WitwerCourt of Appeals for the Ninth Circuit · 1933
  3. Chamberlin v. Uris Sales CorporationCourt of Appeals for the Second Circuit · 1945
  4. Ansehl v. Puritan Pharmaceutical Co.Court of Appeals for the Eighth Circuit · 1932
  5. Dorsey v. Old Surety Life Ins. Co.Court of Appeals for the Tenth Circuit · 1938

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3Cited by19 opinions

  1. Greenbie v. NobleDistrict Court, S.D. New York · 1957
  2. Davis v. E. I. DuPont De Nemours & Co.District Court, S.D. New York · 1965
  3. Florence Scott, Formerly Florence Mesler Montague, an Individual v. Wkjg, Inc., and National Broadcasting Company, Inc.Court of Appeals for the Seventh Circuit · 1967
  4. Lake v. Columbia Broadcasting System, Inc.District Court, S.D. California · 1956
  5. Life Music, Inc. v. Wonderland Music CompanyDistrict Court, S.D. New York · 1965

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