CHAPPELL & CO. v. PALERMO CAFE

Civ. A. No. 56-89.

146 F.Supp. 867 (1956)

CHAPPELL & CO., Inc. and M. Witmark v. PALERMO CAFE, Inc.

United States District Court D. Massachusetts.

December 17, 1956.


Attorney(s) appearing for the Case

Walter Powers, Bertram H. Loewenberg, Sherburne, Powers & Needham, Boston, Mass., for plaintiffs.

Joseph O'Connell, O'Connell & O'Connell, Boston, Mass., for defendant.


WYZANSKI, District Judge.

This motion presents the narrow question whether when a copyright holder sues an alleged infringing performer, and seeks in one count both an injunction and "just damages" in lieu of "actual damages and profits", the alleged infringer is entitled to demand a jury trial on the issue whether "just damages" are payable.

The only relevant statute is § 101 of the Act of July 30, 1947, c. 391, 61 Stat. 652, 661, 17 U.S.C. § 101...

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