Legal Opinion
Burke & Van Heusen, Inc. v. Arrow Drug, Inc.
District Court, E.D. Pennsylvania
Decided September 23, 1964No. Civ. A. 35065PublishedCited by 11 opinions
1Opinion of the CourtFreedman, Circuit Judge
(acting by designation).
Defendants, a wholesale and retail drug corporation and its officers, have moved to dismiss this action for failure to state a claim upon which relief can be granted. Affidavits have been filed by both sides, and the motion therefore will be disposed of as one for summary judgment under Rule 56. (F.R. Civ.P. 12(b)).
Plaintiff, the holder of the copyrights to certain musical compositions, granted to Beecham Products, Inc., in exchange for agreed royalties, a restrictive license for the use of the compositions on long playing records which were to be used only as a…
2Cases cited9 opinions
- Bobbs-Merrill Co. v. StrausSupreme Court of the United States · 1908
- RCA Mfg. Co. v. WhitemanCourt of Appeals for the Second Circuit · 1940
- Independent News Co., Inc., National Comics Publications, Inc., Superman, Inc. v. Harry WilliamsCourt of Appeals for the Third Circuit · 1961
- Platt & Munk Co. v. Republic Graphics, Inc.Court of Appeals for the Second Circuit · 1963
- Harrison v. Maynard, Merrill & Co.Court of Appeals for the Second Circuit · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Blazon, Inc. v. DeLuxe Game Corp.District Court, S.D. New York · 1965
- American International Pictures, Inc. v. ForemanCourt of Appeals for the Fifth Circuit · 1978
- Columbia Broadcasting System, Inc. v. Scorpio Music Distributors, Inc.District Court, E.D. Pennsylvania · 1983
- Microsoft Corp. v. Harmony Computers & Electronics, Inc.District Court, E.D. New York · 1994
- United States v. BilyDistrict Court, E.D. Pennsylvania · 1975
6 more not listed; retrieve them via the Exa API.