Legal Opinion

Lin-Brook Builders Hardware v. Evelyn Gertler and Irving Gertler, Individually, and Dba All-American Home Center

Court of Appeals for the Ninth Circuit

Decided December 20, 1965No. 19883_1PublishedCited by 59 opinions

1Opinion of the Court

BEEKS, District Judge.

Appellant is engaged in the business of retailing hardware and other goods in Anaheim, California. To advertise its establishment appellant has been publishing illustrated catalogues of its merchandise since 1957. Many of the illustrations were drawn by a commercial artist, H. L. Baxter, whom appellant employed as an independent contractor. Beginning in 1961 appellant made it a practice to copyright the catalogues by placing the words “Copyright 1961 Lin-Brook Hardware” on the cover of each catalogue and by registering the copyrights with the appropriate Government…

2Cases cited16 opinions

  1. Baker v. SeldenSupreme Court of the United States · 1880
  2. Bleistein v. Donaldson Lithographing Co.Supreme Court of the United States · 1903
  3. Alfred Bell & Co. Ltd. v. Catalda Fine Arts, Inc.Court of Appeals for the Second Circuit · 1951
  4. L. A. Westermann Co. v. Dispatch Printing Co.Supreme Court of the United States · 1919
  5. Yardley v. Houghton Mifflin Co.Court of Appeals for the Second Circuit · 1939

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3Cited by59 opinions

  1. Marvel Characters, Inc. v. KirbyCourt of Appeals for the Second Circuit · 2013
  2. Walt Disney Productions v. The Air PiratesCourt of Appeals for the Ninth Circuit · 1978
  3. John Magnuson, D/B/A John Magnuson Associates, Plaintiff-Appellee-Cross-Appellant v. Video Yesteryear, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Ninth Circuit · 1996
  4. Picture Music, Inc. v. Bourne, Inc.Court of Appeals for the Second Circuit · 1972
  5. Brattleboro Publishing Co. v. Winmill Publishing Corp.Court of Appeals for the Second Circuit · 1966

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