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AVEDON v. EXSTEIN

141 F.Supp. 278 (1956)

Richard AVEDON, Plaintiff, v. Henry L. EXSTEIN, Jr., Frederick Weitzen and Frank Bang, co-partners doing business under the firm name of Marboro Books; Marboro Book Club, Inc.; Lee Friend, Bernard M. Reiss, Harold Reiss and James McGlone, doing business under the firm name of Friend, Reiss, McGlone Advertising: The Springs Cotton Mills; C. L. Miller Company, Inc.; Promenade Magazines, Inc.; Cowles Magazines, Inc.; The Curtis Publishing Company; and The New York Times Company, Defendants.

United States District Court S. D. New York.

May 21, 1956.

Attorney(s) appearing for the Case

Rosenman & Mandel, New York City, for plaintiff.

Tell, Cheser, Werner & Breitbart, New York City, Solomon M. Cheser, New York City, of counsel, for defendants Marboro Books, Marboro Book Club, Inc. and Friend, Reiss, McGlone Advertising.

Marco J. Shemaria, New York City, for defendants Springs Cotton Mills, C. L. Miller Co., Inc., Promenade Magazines, Inc., Cowles Magazines, Inc., Curtis Pub. Co.

DIMOCK, District Judge.

This is a motion by defendants, pursuant to Rule 12(b) (6), F.R.C.P., 28 U.S. C., to dismiss the complaint for failure to state a claim upon which relief can be granted.

Plaintiff, a commercial photographer, brought suit to recover damages for infringement of copyright, breach of contract and inducing a breach of contract, and for a declaratory judgment that he is the owner of the copyright...

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