Stange v. Warshawsky

S.D. New York

Stange v. Warshawsky

8 F. Supp. 262, 1934 U.S. Dist. LEXIS 1352

CourtDistrict Court, S.D. New York

DecidedApril 20, 1934

StatusPublished

Cited by1 cases

This text of 8 F. Supp. 262 (Stange v. Warshawsky) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stange v. Warshawsky, 8 F. Supp. 262, 1934 U.S. Dist. LEXIS 1352 (S.D.N.Y. 1934).

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Opinion

BONDY, District Judge.

The complaint alleges that the defendant has falsely stated in letters written to moving picture producers and in newspaper articles that a play which plaintiff copyrighted infringes a play which defendant has copyrighted and threatened legal proceedings, by reason of which the consummation of a sale of the moving picture rights of plaintiff’s play was prevented and whereby plaintiff was otherwise damaged. The complaint does not allege that the defendant violated any provision of the copyright law by copying in any form the play which plaintiff copyrighted. Accordingly, it does allege a common-law cause of action based solely on the allegedly false statements made by the defendant and not on the infringement of the exclusive right created by the Copyright Act (17 USCA § 1 et seq.). The plaintiff and defendant reside in this state.

The court being without jurisdiction over the subject-matter of the suit, the complaint must be dismissed (see American Well Works Co. v. Layne & Bowler Co., 241 U. S. 257, 36 S. Ct. 585, 60 L. Ed. 987) with usual leave to amend.

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BONDY, District Judge.

The complaint alleges that the defendant has falsely stated in letters written to moving picture producers and in newspaper articles that a play which plaintiff copyrighted infringes a play which defendant has copyrighted and threatened legal proceedings, by reason of which the consummation of a sale of the moving picture rights of plaintiff’s play was prevented and whereby plaintiff was otherwise damaged. The complaint does not allege that the defendant violated any provision of the copyright law by copying in any form the play which plaintiff copyrighted. Accordingly, it does allege a common-law cause of action based solely on the allegedly false statements made by the defendant and not on the infringement of the exclusive right created by the Copyright Act (17 USCA § 1 et seq.). The plaintiff and defendant reside in this state.

The court being without jurisdiction over the subject-matter of the suit, the complaint must be dismissed (see American Well Works Co. v. Layne & Bowler Co., 241 U. S. 257, 36 S. Ct. 585, 60 L. Ed. 987) with usual leave to amend.

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8 F. Supp. 262, 1934 U.S. Dist. LEXIS 1352, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stange-v-warshawsky-nysd-1934.

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