Legal Opinion · Concurring in part, dissenting in part

TD Bank NA v. Vernon Hill, II

Court of Appeals for the Third Circuit

Decided July 1, 2019No. 16-2897Published

1Concurring in part, dissenting in part

COWEN, concurring in part and dissenting in part.

I join in full Parts II and Parts III.A.1, III.A.3, III.B, and III.C of the majority opinion, and I agree that we must vacate the District Court's permanent injunction. I also join Part III.A.2 insofar as the majority determines that "the District Court was mistaken in concluding that the letter agreement vested ownership in the Bank by deeming the manuscript a work for hire." (Majority Opinion at 273.) However, I must respectfully dissent from Part III.A.2's assignment analysis. TD Bank has waived this assignment issue, and, in any event,…

2Cases cited19 opinions

  1. Morse v. Lower Merion School DistrictCourt of Appeals for the Third Circuit · 1997
  2. Greenfield v. Philles Records, Inc.New York Court of Appeals · 2002
  3. Breed v. Insurance Co. of North AmericaNew York Court of Appeals · 1978
  4. Roger Miller Music, Inc., and Mary A. Miller, Plaintiffs-Appellants/cross-Appellees v. Sony/atv Publishing, Llc, Defendant-Appellee/cross-AppellantCourt of Appeals for the Sixth Circuit · 2007
  5. Barna v. Board of School Directors of the Panther Valley School DistrictCourt of Appeals for the Third Circuit · 2017

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API