Legal Opinion

Historical Pub. Co. v. Jones Bros. Pub. Co.

Court of Appeals for the Third Circuit

Decided April 28, 1916No. Nos. 2071, 2076PublishedCited by 10 opinions

Appeal from the District Court of the United States for the Eastern District of Pennsylvania; J. Whitaker Thompson, Judge. Suit by the Jones Brothers Publishing Company and another against the Historical Publishing Company for an injunction to restrain the infringement of two copyrights. Injunction granted as to one copyright, and denied as to the other, and both parties appeal.

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Appeal from the District Court of the United States for the Eastern District of Pennsylvania; J. Whitaker Thompson, Judge. Suit by the Jones Brothers Publishing Company and another against the Historical Publishing Company for an injunction to restrain the infringement of two copyrights. Injunction granted as to one copyright, and denied as to the other, and both parties appeal. The following is the opinion of Thompson, District Judge, in the court below on final hearing: The bill charges infringement by the defendant of copyrights for two books, one entitled “History of tho United States,…

1Opinion of the Court

McPHERSON, Circuit Judge.

The bill in this case puts the jurisdiction of the court below on two grounds: (1), Diversity of citizenship; and (2) the copyright statutes of the United States. • The action was brought on August 15, 1913, by the Jones Publishing Company and the Review of Reviews Company, and charged the Historical Publishing Company and certain individuals with infringement and threatened infringement of two copyrighted hooks. The title of the first may be summarized as “Ridpath’s School. History of the United States”; the title of the second is “Columbus and Columbia.” The…

2Cases cited5 opinions

  1. Ex Parte National Enameling and Stamping CompanySupreme Court of the United States · 1906
  2. Ward Baking Co. v. Weber Bros.Court of Appeals for the Third Circuit · 1916
  3. Page Woven Wire Fence Co. v. LandU.S. Circuit Court for the District of Eastern Michigan · 1891
  4. National Meter Co. v. Thomson Meter Co.U.S. Circuit Court for the District of Southern New York · 1900
  5. Canton Steel Roofing Co. v. KannebergU.S. Circuit Court for the District of Northern Ohio · 1892

3Cited by10 opinions

  1. General Electric Co. v. Marvel Rare Metals Co.Supreme Court of the United States · 1932
  2. Elizabeth Nye Woodard, Miles Cogley Nye, Jr., and the Kendall Company v. Sage Products, Inc.Court of Appeals for the Federal Circuit · 1987
  3. L. P. Larson, Jr., Co. v. Wm. Wrigley, Jr., Co.Court of Appeals for the Seventh Circuit · 1918
  4. Ted Browne Music Co. v. FowlerCourt of Appeals for the Second Circuit · 1923
  5. Hancock Oil Co. v. Universal Oil Products Co.Court of Appeals for the Ninth Circuit · 1940

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