Houghton Mifflin Company v. Stackpole Sons (41 U.S.P.Q. 404)

by Alfred Conkling Coxe, Jr.

For works with similar titles, see Houghton Mifflin Co. v. Stackpole Sons.

District Court, S. D. New York
Houghton Mifflin Company v. Stackpole Sons, Inc., et al.
No. 2-256 Decided Feb. 28, 1939

On motion for preliminary injunction.

Reversed at 42 USPQ 96.

Hines, Rearick, Dorr & Hammond, New York, N. Y., for plaintiff.

Philip Wittenberg, New York, N. Y., for defendants.

Coxe, District Judge.—I do not think that this case is sufficiently clear to warrant the issuance of a preliminary injunction. The defendants have raised questions of title and validity [of the copyright] which are not free from doubt; the facts are in dispute; and the issues cannot properly be determined on affidavits. It may be that the plaintiff will succeed at the trial, but on the present showing I cannot say that it will do so with the degree of certainty required for the issuance of a preliminary injunction.

The motion of the plaintiff for a preliminary injunction is denied.