MIDWAY MFG. CO. v. OMNI VIDEO GAMES, INC.

No. 81-1461.

668 F.2d 70 (1981)

MIDWAY MANUFACTURING COMPANY, Plaintiff, Appellant, v. OMNI VIDEO GAMES, INC., Ferncrest Distributors, Inc., Competitive Video, Inc., Chens International, Inc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 24, 1981.


Attorney(s) appearing for the Case

David A. Gerber, Los Angeles, Cal., with whom Leonard J. Santisi, Curtis, Morris & Safford, New York City, Donald L. Welsh, Fitch, Even, Tabin, Flannery & Welsh, Chicago, Ill., Loeb & Loeb, Los Angeles, Cal., James E. Purcell and Tillinghast, Collins & Graham, Providence, R. I., were on brief, for plaintiff, appellant.

Robert D. Wieck, Providence, R. I., with whom Richard W. MacAdams and Adler, Pollock & Sheehan, Inc., Providence, R. I., were on brief, for defendants, appellees.

Before COFFIN, Chief Judge, DAVIS, Judge, BREYER, Circuit Judge.


COFFIN, Chief Judge.

In the course of a suit against defendant-appellee for infringement of its copyrights on the electronic video games PAC-MAN, RALLY-X, and GALAXIAN, appellant filed a motion for an ex parte hearing to obtain an order to impound any infringing items found within appellees' possession at certain locations. See 17 U.S.C. § 503(a). The court's issuance of the impoundment order led to seizure of one allegedly infringing version of...

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