Legal Opinion

Kipling v. G. P. Putnam's Sons

Court of Appeals for the Second Circuit

Decided January 8, 1903No. 12PublishedCited by 22 opinions

In Error to the Circuit Court of the United States for the Southern District of New York.

1Opinion of the Court

COXE, Circuit Judge.

This action was commenced April 24, 1899, to recover" $25,000 damages for infringements of plaintiff’s copyrights and trade-mark and for unfair competition in trade. In 1898 the defendants, who, for many years prior thereto had been engaged in publishing and selling books in the city of New York, purchased from authorized publishers about 30 sets of various copyrighted volumes of the plaintiff’s writings, bound them ,in uniform and attractive binding and sold them without protest or complaint from any source. This enterprise being successful, the defendants, in the…

2Cases cited3 opinions

  1. Lawrence Manufacturing Co. v. Tennessee Manufacturing Co.Supreme Court of the United States · 1891
  2. Harrison v. Maynard, Merrill & Co.Court of Appeals for the Second Circuit · 1894
  3. Doan v. American Book Co.Court of Appeals for the Seventh Circuit · 1901

3Cited by22 opinions

  1. Fred Fisher, Inc. v. DillinghamDistrict Court, S.D. New York · 1924
  2. Quality King Distributors, Inc. v. L'Anza Research International, Inc.Supreme Court of the United States · 1998
  3. Bobbs-Merrill Co. v. StrausCourt of Appeals for the Second Circuit · 1906
  4. Loew's Incorporated v. Columbia Broadcasting SystemDistrict Court, S.D. California · 1955
  5. Independent News Co., Inc., National Comics Publications, Inc., Superman, Inc. v. Harry WilliamsCourt of Appeals for the Third Circuit · 1961

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