Legal Opinion
National Comics Publications, Inc. v. Fawcett Publications, Inc.
Court of Appeals for the Second Circuit
Decided September 5, 1952No. 21832_1PublishedCited by 26 opinions
1Per curiam
In spite of the ending of the term at which our mandate went down, we have power over our mandate, not only to declare what we meant, but to change it as we think the situation demands. § 452, Title 28, U.S.C. The petition asks us to say whether we meant to find that “Faw-cett” infringed the plaintiff’s lawfully copyrighted strips; and it asks us to direct the district court to issue an injunction. We think it best to leave open to the district court the question whether an injunction shall issue, since that is always a discretionary matter.
We did mean to say that “Fawcett” infringed some of…
2Cases cited1 opinion
- Detective Comics, Inc. v. Bruns Publications, Inc.Court of Appeals for the Second Circuit · 1940
3Cited by26 opinions
- Peter Pan Fabrics, Inc. And Henry Glass & Co. v. Martin Weiner Corp.Court of Appeals for the Second Circuit · 1960
- Walt Disney Productions v. The Air PiratesCourt of Appeals for the Ninth Circuit · 1978
- Eva Hines v. Royal Indemnity CompanyCourt of Appeals for the Sixth Circuit · 1958
- Continental Casualty Company, Plaintiff-Appellee-Appellant v. Hulbert T. E. Beardsley and H. T. E. Beardsley, Inc., Defendants-Appellants-AppelleesCourt of Appeals for the Second Circuit · 1958
- Peter Pan Fabrics, Inc. v. Acadia CompanyDistrict Court, S.D. New York · 1959
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