American Mutoscope & Biograph Co. v. Edison Mfg. Co.
U.S. Circuit Court for the District of New Jersey
In Equity. The complainant applies for a preliminary injunction to restrain the defendant from an alleged infringement of a copyright of a photograph. The application is made upon the bill of complaint and ex parte affidavits taken by the complainant and the defendant. The defendant has also filed a demurrer to the bill. Obviously, the demurrer must be first disposed of, for, if it be good, there is no need of considering the application for a preliminary injunction.
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In Equity. The complainant applies for a preliminary injunction to restrain the defendant from an alleged infringement of a copyright of a photograph. The application is made upon the bill of complaint and ex parte affidavits taken by the complainant and the defendant. The defendant has also filed a demurrer to the bill. Obviously, the demurrer must be first disposed of, for, if it be good, there is no need of considering the application for a preliminary injunction. In its bill the complainant sets forth that Wallace McCutcheon and Frank J. Marion are the authors, and that by contract with…
1Opinion of the CourtLanning, District Judge
(after stating the facts as above). In Fowler v. City of New York, 121 Fed. 747, 58 C. C. A. 113, it was held that in an infringement suit, where proferí of a patent is made in the bill, the patent will be regarded as a part of the bill, and will be examined on demurrer. There is no reason why the same rule should not be observed in the case of an alleged infringement of a copyright. Indeed, a comparison of exhibits in a copyright case on demurrer to a bill was made in Mott Iron Works v. Clow (C. C.) 72 Fed. 168. An examination óf the complainant’s positive film, of which profert is made by…
2Cases cited8 opinions
- Burrow-Giles Lithographic Co. v. SaronySupreme Court of the United States · 1884
- Edison v. LubinCourt of Appeals for the Third Circuit · 1903
- Fowler v. City of New YorkCourt of Appeals for the Second Circuit · 1903
- Falk v. DonaldsonU.S. Circuit Court for the District of Southern New York · 1893
- J. L. Mott Iron Works vw. ClowU.S. Circuit Court for the Northern District of Illnois · 1896
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3Cited by2 opinions
- People v. Matthew O'Brien & Mod Cinema Corp.New York District Court · 1971
- WGN Continental Broadcasting Co. v. United Video, Inc.District Court, N.D. Illinois · 1981