STACKPOLE SONS, INC., ET AL.
v.
HOUGHTON MIFFLIN CO.

U.S. | 1939-10-23
No. 375
Mr. Justice Frankfurter took no part in the consideration and decision of this application.
308 U.S. 597 Supreme Court of the United States (1939) Positive Treatment
Cited by 10 cases

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  • …inary injunction with respect to Fleetwood Spice or other Joan fabrics which the District Court on remand may find to be substantially similar to Style 253. In Houghton Mifflin Co. v. Stackpole Sons, Inc., 104 F. 2d 306, 307 (2d Cir.), cert. denied, 308 U.S. 597, 60 S.Ct. 131, 84 L.Ed. 499 (1939), this court stated that “it is settled in copyright cases that, if the plaintiff makes a prima facie showing of his right, a preliminary injunction should issue.” See also Rushton v. Vitale, 218 F. 2d 434, 436 (2d…
  • …made, plaintiffs are entitled to a preliminary injunction without a detailed showing of danger of irreparable harm. Houghton Mifflin Co. v. Stackpole Sons, Inc., 2 Cir., 104 F. 2d 306, certiorari denied Stackpole Sons, Inc. v. Houghton Mifflin Co., 308 U.S. 597, 60 S.Ct. 131, 84 L.Ed. 499; L. C. Page & Co. v. Fox Film Corp., 2 Cir., 83 F. 2d 196; American Code Co. v. Bensinger, 2 Cir., 282 F. 829; Fishel v. Lueckel, C.C.S.D.N.Y., 53 F. 499. Plaintiffs’ allegation that the market for their toy is seasonal…
  • United States v. Matheson, 532 F.2d 809 (2d Cir. 1976)
    …n futility or a purposeless trial for the district court, particularly where no jury has been demanded. See Beal v. Lindsey, 468 F. 2d 287, 292 (2d Cir. 1972); Houghton Mifflin Co. v. Stackpole Sons, Inc., 113 F. 2d 627, 628 (2d Cir.), cert. denied, 308 U.S. 597, 60 S.Ct. 131, 84 L.Ed. 499 (1940). To ascertain whether any material issues are raised we must first briefly review the principles governing expatriation of American citizens in Mrs. Burns’ position and consider the undisputed evidence in the light…

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