Legal Opinion

John A. Neal and John G. Duffy, Individually and Dba Workshop Publications, a Co-Partnership v. Thomas Organ Co., a California Corporation

Court of Appeals for the Ninth Circuit

Decided January 31, 1964No. 18386_1PublishedCited by 12 opinions

1Opinion of the Court

BARNES, Circuit Judge.

Appellants brought suit below against appellee for copyright infringement and unfair competition. The district court found for defendant, and plaintiffs appeal.

The district court had jurisdiction under 28 U.S.C. § 1338(a) and (b). This court has jurisdiction pursuant to 28 U.S.C. § 1291.

The basic findings of fact of the district court are uncontroverted and are here adopted. 1

The main legal questions are (1) whether appellants have a copyright on a text valid against the whole world, or (2) at least valid against appellee, and (3) whether appellee was guilty of unfair…

2Cases cited25 opinions

  1. Peter Pan Fabrics, Inc. And Henry Glass & Co. v. Martin Weiner Corp.Court of Appeals for the Second Circuit · 1960
  2. Maternally Yours, Inc. v. Your Maternity Shop, Inc.Court of Appeals for the Second Circuit · 1956
  3. Burrow-Giles Lithographic Co. v. SaronySupreme Court of the United States · 1884
  4. National Comics Publications, Inc. v. Fawcett Publications, Inc.Court of Appeals for the Second Circuit · 1951
  5. Pagliero v. Wallace China Co., LimitedCourt of Appeals for the Ninth Circuit · 1952

20 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Pinkham v. Sara Lee Corp.Court of Appeals for the Eighth Circuit · 1992
  2. Lone Ranger Television, Inc. v. Program Radio Corp.Court of Appeals for the Ninth Circuit · 1984
  3. Wells Fargo & Co. v. Wells Fargo Express Co.District Court, D. Nevada · 1973
  4. Magna Pictures Corp. v. Paramount Pictures Corp.District Court, C.D. California · 1967
  5. Central Telephone Co. of Va. v. Johnson Pub. Co.District Court, D. Colorado · 1981

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