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Hubges v. Belasco

Hubges v. Belasco, 130 F. 388 (1904)
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Court
U.S. Circuit Court for the District of Southern New York · Historical Federal Courts
Decided
March 26, 1904
Judges
Lacombe
Citations
130 F. 3881904 U.S. App. LEXIS 4810
Syllabus
1. Copyright — Infringement—Preliminary Injunction. Motion for a preliminary injunction to restrain the performance of a play as an infringement of copyright denied on the ground of insufficiency of evidence to show infringement.
Summary
In Equity. Motion for preliminary injunction to restrain the performance of the play known as “Sweet Kitty Bellairs,” on the ground that it is, in part, an infringement of complainant’s copyrighted play known as “Sweet Jasmine.”

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Lacombe

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LACOMBE, Circuit Judge.

There is no direct evidence of copying either language or dramatic situations. As to such indirect evidence as a comparison of the two plays affords, it is sufficient to say that they are wholly dissimilar in plot, in characters, in text, and in dramatic situations. The climax of one act in each piece was principally relied upon in argument, where the unexpected discovery of the title character in a place where she should not be makes a dramatic situation which is presumably helpful to the success of both plays. That is an old device. It was common property of all playwrights when Sheridan employed it in the “School for Scandal.” Analyzing the details of that situation as presented in these two plays, the points of essential difference so far outnumber the points of similarity that it is difficult to understand how any one could persuade himself that the one was borrowed from the other.

The motion is denied.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1935: 11942: 11959: 11960: 119352026peak 1935 · 1

Relies on it most ⓘ

  1. Cain v. Universal Pictures Co.47 F. Supp. 1013 (S.D. Cal. 1942)
  2. Echevarria v. Warner Bros. Pictures, Inc.12 F. Supp. 632 (S.D. Cal. 1935)
  3. Morris v. Wilson189 F. Supp. 565 (S.D.N.Y. 1960)
  4. Bradbury v. Columbia Broadcasting System, Inc.174 F. Supp. 733 (S.D. Cal. 1959)

Most recent

  1. Morris v. Wilson189 F. Supp. 565 (S.D.N.Y. 1960)
  2. Bradbury v. Columbia Broadcasting System, Inc.174 F. Supp. 733 (S.D. Cal. 1959)
  3. Cain v. Universal Pictures Co.47 F. Supp. 1013 (S.D. Cal. 1942)
  4. Echevarria v. Warner Bros. Pictures, Inc.12 F. Supp. 632 (S.D. Cal. 1935)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

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