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SHAPIRO, BERNSTEIN & CO. v. H. L. GREEN COMPANY

No. 294, Docket 27979.

316 F.2d 304 (1963)

SHAPIRO, BERNSTEIN & CO., Inc., et al., Plaintiffs-Appellants, v. H. L. GREEN COMPANY, Inc., Defendant and Third Party Plaintiff-Appellee, JALEN AMUSEMENT COMPANY, Inc., Defendant and Third Party Defendant.

United States Court of Appeals Second Circuit.

Decided April 15, 1963.

Attorney(s) appearing for the Case

Julien T. Abeles, New York City, for plaintiffs-appellants.

Sidney Hut, of Danson & Hut, New York City for defendant and third party plaintiff-appellee.

Before WATERMAN and KAUFMAN, Circuit Judges, and WEINFELD, District Judge.

KAUFMAN, Circuit Judge.

This action for copyright infringement presents us with a picture all too familiar in copyright litigation: a legal problem vexing in its difficulty, a dearth of squarely applicable precedents, a business setting so common that the dearth of precedents seems inexplicable, and an almost complete absence of guidance from the terms of the Copyright Act, 17 U.S.C. § 1 et seq. Compare Platt & Munk Co. v. Republic Graphics, Inc.,

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