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NEW YORK TRIBUNE v. OTIS & CO.

39 F.Supp. 67 (1941)

NEW YORK TRIBUNE, Inc., v. OTIS & CO.

District Court, S. D. New York.

February 11, 1941.

Attorney(s) appearing for the Case

Sackett, Chapman, Brown & Cross, of New York City (E. Douglas Hamilton, of New York City, of counsel), for plaintiff.

O'Connor & Farber, of New York City (Robert J. Bulkley, of Cleveland, Ohio, and Arnold T. Koch, of New York City, of counsel), for defendant.

HULBERT, District Judge.

The defendant has moved to dismiss the complaint pursuant to Rule 12(b) and for summary judgment under Rule 56(b) of the Federal Rules of Civil Procedure, 28 U.S. C.A. following section 723c.

The action is for infringement of copyright and, incidental thereto, the plaintiff also alleges violation of a trade-mark.

The gravamen of the complaint is the unauthorized reproduction by the defendant of the title, editorial page masthead...

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