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UNITED STATES EX REL. TWENTIETH CENTURY-FOX FILM CORPORATION v. BOUVE

No. 89881.

33 F.Supp. 462 (1940)

UNITED STATES ex rel. TWENTIETH CENTURY-FOX FILM CORPORATION v. BOUVE.

District Court of the United States for the District of Columbia.

April 29, 1940.

Attorney(s) appearing for the Case

Fulton Brylawski, William B. Wolf, and Simon Fleishman, all of Washington, D. C., for plaintiff.

H. L. Godfrey, J. F. Mothershead, Department of Justice, David A. Pine, U. S. Atty., and Howard Boyd and William S. Tarver, Assts. U. S. Attys., all of Washington, D. C., for defendant.

BAILEY, Justice.

The plaintiff obtained a copyright on its work "In Old Chicago" in December, 1937, by publication with notice of copyright. The work was actually offered for sale to the public and although the number of copies offered for sale was quite small, and the publication made as a requisite for bringing suit to enforce registration, it cannot be said that there was no publication, for had the work been offered for sale without the copyright notice there...

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