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T. B. HARMS COMPANY v. ELISCU

No. 93, Docket 28921.

339 F.2d 823 (1964)

T. B. HARMS COMPANY, Plaintiff-Appellant, v. Edward ELISCU and Ross Jungnickel, Inc., Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided December 23, 1964.

Attorney(s) appearing for the Case

Gustave B. Garfield, New York City, for plaintiff-appellant.

Lewis A. Dreyer, New York City (Norma Hack, New York City, of counsel), for defendant-appellee Ross Jungnickel, Inc.

David Blasband, New York City (Linden & Deutsch, New York City), for defendant-appellee Edward Eliscu.

Before FRIENDLY, KAUFMAN and ANDERSON, Circuit Judges.

FRIENDLY, Circuit Judge:

A layman would doubtless be surprised to learn that an action wherein the purported sole owner of a copyright alleged that persons claiming partial ownership had recorded their claim in the Copyright Office and had warned his licensees against disregarding their interests was not one "arising under any Act of Congress relating to * * * copyrights" over which 28 U.S.C. § 1338 gives the federal courts exclusive jurisdiction. Yet precedents...

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