Legal Opinion

Fendler v. Morosco

New York Court of Appeals

Decided March 18, 1930PublishedCited by 46 opinions

1Opinion of the CourtLehman, J.

In April, 1911, the defendant Tully copyrighted a play called “ The Bird of Paradise.” It was produced by the defendant Morosco in September, 1911. In February, 1912, the plaintiff, claiming that the play was substantially copied from a play called “ In Hawaii ” which she had written, began this action to enjoin the defendants from producing the play. As an incident to that relief she asked an accounting. After a motion for a preliminary injunction was denied, the case was marked “ reserved generally ” upon the calendar of the court, and was not brought to trial till 1924. Then the court…

2Cases cited1 opinion

  1. Folsom v. MarshU.S. Circuit Court for the District of Massachusetts · 1841

3Cited by46 opinions

  1. Harper & Row, Publishers, Inc. v. Nation EnterprisesSupreme Court of the United States · 1985
  2. Nichols v. Universal Pictures CorporationCourt of Appeals for the Second Circuit · 1930
  3. Desny v. WilderCalifornia Supreme Court · 1956
  4. Weitzenkorn v. LesserCalifornia Supreme Court · 1953
  5. Harold Lloyd Corporation v. WitwerCourt of Appeals for the Ninth Circuit · 1933

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