INDEPENDENT NEWS CO. v. WILLIAMS

No. 13440.

293 F.2d 510 (1961)

INDEPENDENT NEWS CO., Inc., National Comics Publications, Inc., Superman, Inc., Appellants, v. Harry WILLIAMS.

United States Court of Appeals Third Circuit.

Decided June 6, 1961.


Attorney(s) appearing for the Case

Alexander N. Rubin, Jr., Philadelphia, Pa. (Goff & Rubin, Philadelphia, Pa., on the brief), for appellants.

William R. Pomerantz, Philadelphia, Pa., for appellee.

Before GOODRICH, McLAUGHLIN and FORMAN, Circuit Judges.


McLAUGHLIN, Circuit Judge.

Can a second-hand periodical dealer who purchases cover-removed comics from waste paper dealers be enjoined under any one of six different legal theories, from marketing them as reading material? The district court refused to grant an injunction, holding that defendant's actions did not constitute conversion of the literary property in the comics, trademark infringement, copyright infringement, unfair competition, sales in violation of the...

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