Legal Opinion
Simon & Schuster, Inc. v. Cove Vitamin & Pharmaceutical, Inc.
District Court, S.D. New York
Decided November 26, 1962PublishedCited by 2 opinions
1Opinion of the Court
TYLER, District Judge.
The two defendant corporations move for an order staying the above-entitled action pending the outcome of a suit previously instituted by them, as plaintiffs, against Simon & Schuster, Inc. in the Supreme Court of New York, New York County. 1
The federal action, commenced July 27, 1962, alleges acts of copyright infringement and unfair competition, with resultant damages of $2,500,000. The New York Supreme Court action, commenced on or about July 19, 1962, seeks $6,500,000 as damages for breach of contract.
The claims of both parties arise out of a series of meetings or…
2Cases cited5 opinions
- Landis v. North American Co.Supreme Court of the United States · 1936
- Mottolese v. KaufmanCourt of Appeals for the Second Circuit · 1949
- Lyons v. Westinghouse Electric Corp.Court of Appeals for the Second Circuit · 1955
- P. Beiersdorf & Co., Inc. v. McGohey JudgeCourt of Appeals for the Second Circuit · 1951
- P. Beiersdorf & Co. v. Duke Laboratories, Inc.District Court, S.D. New York · 1950
3Cited by2 opinions
- Kahan v. RosenstielDistrict Court, D. Delaware · 1968
- Witmar Salvage Corp. v. C. W. Blakeslee & Sons, Inc.District Court, S.D. New York · 1969