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· 12/23/1964

T. B. Harms Company v. Edward Eliscu and Ross Jungnickel, Inc.

Citations

  • 339 F.2d 823
  • 144 U.S.P.Q. (BNA) 46
  • 1964 U.S. App. LEXIS 3495

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that “if any aspect of the suit requires an interpretation of the Copyright Act, the complaint does not reveal it”
  • dismissing an action for lack of subject-matter jurisdiction where no claim of copyright infringement was asserted and no relief provided by the Copyright Act was sought
  • § 1338 jurisdiction if complaint “presents a case where a distinctive policy of the [Qopyright] Act requires that federal principles control the disposition of the claim”
  • “[District] Judge Weinfeld treated the jurisdictional issue as turning solely on whether the complaint alleged any act or threat of copyright infringement. He was right in concluding that it did not.”
  • question involving copyright dispute does not raise a “pivotal question of federal law”
  • “The relevant statutes create no explicit right of action to enforce or rescind assignments of copyrights . . . [nor] to fix the locus of ownership.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Friendly, Kaufman, Anderson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.