Legal Opinion

Charles E. Schroeder and Marion S. Schroeder, and Cross-Appellees v. William Morrow and Company and George Banta & Co., and Cross-Appellants

Court of Appeals for the Seventh Circuit

Decided October 7, 1977No. 76-2205, 76-2206PublishedCited by 48 opinions

1Opinion of the Court

TONE, Circuit Judge.

In this action for infringement of a copyright on a gardening directory, some copying was conceded. The issue is whether it amounted to infringement or, as the District Court held, was permissible because limited to information in the public domain. We hold that infringement occurred.

Plaintiff Marion S. Schroeder was the compiler of The Green Thumbook, for which a concededly valid copyright was issued. Defendants are the publisher and the printer of the accused book, The Gardener’s Catalogue. We cannot improve on the description of the books and the manner of their…

2Cases cited13 opinions

  1. Sheldon v. Metro-Goldwyn Pictures Corp.Supreme Court of the United States · 1940
  2. 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
  3. Lewis Orgel and the Michie Company v. Clark Boardman Co., Ltd., and Alfred D. JahrCourt of Appeals for the Second Circuit · 1962
  4. Jeweler's Circular Pub. Co. v. Keystone Pub. Co.Court of Appeals for the Second Circuit · 1922
  5. Mathews Conveyer Co. v. Palmer-Bee Co.Court of Appeals for the Sixth Circuit · 1943

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

3Cited by48 opinions

  1. Fogerty v. Fantasy, Inc.Supreme Court of the United States · 1994
  2. Harper & Row, Publishers, Inc. v. Nation EnterprisesSupreme Court of the United States · 1985
  3. Gene Miller v. Universal City Studios, Inc.Court of Appeals for the Fifth Circuit · 1981
  4. Dennis W. Eckes and James Beckett, III v. Card Prices Update and Suffolk CollectablesCourt of Appeals for the Second Circuit · 1984
  5. Roy Export Co. Establishment v. Columbia Broadcasting System Inc.District Court, S.D. New York · 1980

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

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