Lesser v. George Borgfeldt & Co.

U.S. Circuit Court for the District of Southern New York

Lesser v. George Borgfeldt & Co.

188 F. 864, 1911 U.S. App. LEXIS 5232

CourtU.S. Circuit Court for the District of Southern New York

DecidedJune 22, 1911

StatusPublished

Cited by1 cases

This text of 188 F. 864 (Lesser v. George Borgfeldt & Co.) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lesser v. George Borgfeldt & Co., 188 F. 864, 1911 U.S. App. LEXIS 5232 (circtsdny 1911).

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Opinion

EACOMBE, Circuit Judge.

The Rule of Practice (No. 2) adopted by the Supreme Court and which went into effect July 1, 1909, provides that “a copy of the alleged infringement of copyright, if actually made, and a copy of the work alleged to be infringed, should accompany the petition, or its absence be explained.” No such copies have been submitted, and defendant is entitled to the relief asked for, unless the case comes within one of the exceptions contained in the rule. The record does not show that the copyright is a “sculpture or other similar work,” and there is nothing to show that the production of “copy” is not feasible.

Motion granted.

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EACOMBE, Circuit Judge.

The Rule of Practice (No. 2) adopted by the Supreme Court and which went into effect July 1, 1909, provides that “a copy of the alleged infringement of copyright, if actually made, and a copy of the work alleged to be infringed, should accompany the petition, or its absence be explained.” No such copies have been submitted, and defendant is entitled to the relief asked for, unless the case comes within one of the exceptions contained in the rule. The record does not show that the copyright is a “sculpture or other similar work,” and there is nothing to show that the production of “copy” is not feasible.

Motion granted.

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Bluebook (online)

188 F. 864, 1911 U.S. App. LEXIS 5232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lesser-v-george-borgfeldt-co-circtsdny-1911.

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