· 11/16/1981
Fantastic Fakes, Inc. v. Pickwick International, Inc.
Citations
- 661 F.2d 479
- 212 U.S.P.Q. (BNA) 727
- 1981 U.S. App. LEXIS 15988
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that \subject to\ is ambiguous in this context
- noting that “subject to” is ambiguous in this context
- explaining the “context of copyright law in which the agreement exists cannot be overlooked”
- applying Georgia law to a license agreement and noting that “application of Georgia rules to determine parties’ contractual intent is not preempted by either copyright act nor does their application violate federal copyright policy”
- courts should apply state law when interpreting contracts, even where the subject matter of the contract is a copyright
- \mere breach of covenant may support a claim of damages for breach of contract but will not disturb the remaining rights and obligations under the license including the authority to use the copyrighted material\
Source: CourtListener parenthetical corpus (CC0).
Judges: Morgan, Tjoflat, Anderson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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