Goldwyn Pictures Corp. v. Howells Sales Co., Inc.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Action by the Goldwyn Pictures Corporation against the Howells Sales Company, Inc., and others. Prom an order granting an injunction pendente lite, defendants appeal. Appeal from an order of the District Court for the Southern District of New York enjoining defendants pendente lite from producing or dealing in a motion picture called “Vendetta.”
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Appeal from the District Court of the United States for the Southern District of New York. Action by the Goldwyn Pictures Corporation against the Howells Sales Company, Inc., and others. Prom an order granting an injunction pendente lite, defendants appeal. Appeal from an order of the District Court for the Southern District of New York enjoining defendants pendente lite from producing or dealing in a motion picture called “Vendetta.” The bill alleges that on or about March 8, 1887, Archibald Clavering Gunter secured a copyright for a book entitled “Mr. Barnes of New York.” Gunter died in…
1Opinion of the CourtMayer, Circuit Judge
(after stating the facts as above). We shall not discuss defendants’ contention that a renewal of the copyright of the book was not properly secured. For the purposes of this appeal we shall assume, without deciding, that plaintiff is the legal owner of the dramatic motion picture rights.
The relief prayed for in the bill is that prescribed in section 25 of the Copyright Act (Comp. St. § 9546), and the prayer is substantially the same as that in New Fiction Pub. Co. v. Star Co. (D. C.) 220 Fed. 994. At the outset it is insisted by plaintiff that it is not a licensee, but the assignee of a…
2Cases cited11 opinions
- Waterman v. MacKenzieSupreme Court of the United States · 1891
- Root v. Railway Co.Supreme Court of the United States · 1882
- Bobbs-Merrill Co. v. StrausSupreme Court of the United States · 1908
- Bobbs-Merrill Co. v. StrausCourt of Appeals for the Second Circuit · 1906
- Photo-Drama Motion Picture Co. v. Social Uplift Film Corp.Court of Appeals for the Second Circuit · 1915
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3Cited by26 opinions
- Rohmer v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1946
- M. Witmark & Sons v. Pastime Amusement Co.District Court, D. South Carolina · 1924
- Goodis v. United Artists Television, Inc.Court of Appeals for the Second Circuit · 1970
- Goldsmith v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1944
- Richard S. Prather v. Neva Paperbacks, Inc., Playtime Books, Ltd., United Graphics, Inc., and Stanley R. SchragCourt of Appeals for the Fifth Circuit · 1969
21 more not listed; retrieve them via the Exa API.