Legal Opinion
Gerlach-Barklow Co. v. Morris & Bendien, Inc.
Court of Appeals for the Second Circuit
Decided December 19, 1927No. 182PublishedCited by 53 opinions
1Opinion of the CourtSwan, Circuit Judge
(after stating the facts as above). The parties will be referred to as plaintiff and defendant. One of the errors assigned by the defendant is the finding of infringement. The memorandum of the judge states, not only that the defendant purposely made its picture in close imitation of the plaintiff’s, but also that the slight differences which exist were put in merely for the purpose of attempting to make it possible for defendant to appropriate the essential featuros-of the copyrighted picture. The two pictures appear from inspection to be so similar in subject, coloring, and general effect…
2Cases cited13 opinions
- Fred Fisher, Inc. v. DillinghamDistrict Court, S.D. New York · 1924
- Dymow v. BoltonCourt of Appeals for the Second Circuit · 1926
- Thompson v. HubbardSupreme Court of the United States · 1889
- Bentley v. TibbalsCourt of Appeals for the Second Circuit · 1915
- Coty, Inc. v. Parfums De Grande Luxe, Inc.Court of Appeals for the Second Circuit · 1924
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3Cited by53 opinions
- Alfred Bell & Co. Ltd. v. Catalda Fine Arts, Inc.Court of Appeals for the Second Circuit · 1951
- Sheldon v. Metro-Goldwyn Pictures CorporationCourt of Appeals for the Second Circuit · 1936
- L. Batlin & Son, Inc. v. Jeffrey Snyder D/B/A J. S. N. Y. And Etna Products Co., Inc.Court of Appeals for the Second Circuit · 1976
- Fleischer Studios, Inc. v. Ralph A. Freundlich, Inc.Court of Appeals for the Second Circuit · 1934
- Heim v. Universal Pictures Co.Court of Appeals for the Second Circuit · 1946
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