McCarthy & Fischer, Inc. v. White
District Court, S.D. New York
In Equity. Suit by McCarthy & Fischer, Incorporated, against George White and Lou Holtz. On motion for preliminary injunction.
1Opinion of the Court
AUGUSTUS N. HAND, District Judge.
This is a motion for an ■injunction pendente lite because of the alleged infringement of a copy*365righted musical composition belonging to the complainant. The affidavits seem to show that the defendants had caused the composition to be sung by defendant Holtz at vaudeville performances, at the re^ quest of the complainant, for several weeks prior to copyright. He had received a copy of the song to enable him to render it, as part of the entertainment he was giving while in the employment of the defendant White. Proof, by affidavit, is also offered by the…
2Cases cited4 opinions
- Ferris v. FrohmanSupreme Court of the United States · 1912
- Werckmeister v. American Lithographic Co.Court of Appeals for the Second Circuit · 1904
- Press Pub. Co. v. MonroeCourt of Appeals for the Second Circuit · 1896
- Crowe v. AikenU.S. Circuit Court for the Northern District of Illnois · 1870
3Cited by18 opinions
- Waring v. WDAS Broadcasting Station, Inc.Supreme Court of Pennsylvania · 1937
- Nutt v. National Institute Incorporated for the Improvement of MemoryCourt of Appeals for the Second Circuit · 1929
- RCA Mfg. Co. v. WhitemanCourt of Appeals for the Second Circuit · 1940
- Heim v. Universal Pictures Co.Court of Appeals for the Second Circuit · 1946
- C. Brian Burke, M.D. v. National Broadcasting Company, Inc.Court of Appeals for the First Circuit · 1979
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