· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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