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AMERICAN VISUALS CORPORATION v. HOLLAND

No. 75, Docket 25100.

261 F.2d 652 (1958)

AMERICAN VISUALS CORPORATION, Plaintiff-Appellee, v. Frederick A. HOLLAND and Sam Schwartz, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided December 12, 1958.

Attorney(s) appearing for the Case

Joseph M. Cohen, New York City (Charles B. Seton and Rosen & Seton, New York City, on the brief), for plaintiff-appellee.

Armand E. Lackenbach, New York City (Burton Perlman, New York City, on the brief), for defendants-appellants.

Before HINCKS, LUMBARD and MOORE, Circuit Judges.

LUMBARD, Circuit Judge.

The principal question for decision is whether a cartoon booklet entitled "It Can't Happen To Us," dealing in story form with traffic accidents and published by defendant Frederick A. Holland, a former employee of plaintiff, American Visuals Corporation, infringed a similar booklet copyrighted by the company under the title of "Killer In The Streets." Judge Murphy held that there was infringement and...

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