Legal Opinion

Davis v. United Artists, Inc.

District Court, S.D. New York

Decided September 22, 1982No. 81 Civil 2170PublishedCited by 17 opinions

1Opinion of the Court

OPINION

EDWARD WEINFELD, District Judge.

During the 1970’s, both the plaintiff and the defendants in this action produced works about the Vietnam War, and both entitled their stories Coming Home. Plaintiff’s work is a novel, published in February 1972; defendants’ work is a motion picture released in February 1978. Plaintiff charges defendants with copyright infringement in violation of 17 U.S.C., section 501; false description in violation of the Lanham Act, 15 U.S.C., section 1125(a); and unfair competition in violation of New York law. Defendants move for summary judgment on all claims.

I.…

2Cases cited28 opinions

  1. Strawbridge v. CurtissSupreme Court of the United States · 1806
  2. Arnstein v. PorterCourt of Appeals for the Second Circuit · 1946
  3. Mazer v. SteinSupreme Court of the United States · 1954
  4. T. B. Harms Company v. Edward Eliscu and Ross Jungnickel, Inc.Court of Appeals for the Second Circuit · 1964
  5. Nichols v. Universal Pictures CorporationCourt of Appeals for the Second Circuit · 1930

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3Cited by17 opinions

  1. Thomas Walker v. Time Life Films, Inc., David Susskind, Gill Champion, Martin Richards and Heywood GouldCourt of Appeals for the Second Circuit · 1986
  2. Sega Enterprises Ltd., a Japanese Corporation v. Accolade, Inc., a California CorporationCourt of Appeals for the Ninth Circuit · 1993
  3. Douglas Alan Stromback, Plaintiff-Appellant/cross-Appellee v. New Line Cinema, Defendant-Appellee/cross-Appellant, Larry HessCourt of Appeals for the Sixth Circuit · 2004
  4. Co-Rect Products, Inc. v. Marvy! Advertising Photography, Inc.Court of Appeals for the Eighth Circuit · 1985
  5. Meta-Film Associates, Inc. v. MCA, Inc.District Court, C.D. California · 1984

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