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J. A. RICHARDS, INC. v. NEW YORK POST

23 F.Supp. 619 (1938)

J. A. RICHARDS, Inc., v. NEW YORK POST, Inc.

District Court, S. D. New York.

March 26, 1938.

Attorney(s) appearing for the Case

Kaufman & Weitzner, of New York City, for plaintiff.

Guggenheimer & Untermyer, of New York City (Milton E. Mermelstein, of New York City, of counsel), for defendant.

PATTERSON, District Judge.

The suit is for infringement of copyright. The defendant moves to dismiss the second and third counts as showing on their face that the plaintiff has not a valid copyright on the pamphlets involved in those counts.

The first count is for infringement of the plaintiff's cyclopedia. No question is raised as to the sufficiency of that count. The second count is for infringement of an advertising pamphlet put out by the plaintiff. It...

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