CALIFORNIA

v.

EDMONDSON

Citator

Cited By

• Smith v. Allison, 332 So. 2d 631 (Fla. 3d DCA 1976)
  …consequences inherent in the statute, there is a clear burden on a plaintiff to show the defendant’s actual ownership of the dog in question, and not merely to show possession or custody. See Reid v. Nelson, 154 F. 2d 724 (5th Cir. 1946), cert. den. 329 U.S. 716, 67 S.Ct. 47, 91 L.Ed. 621 (1946). From the record in the present case, we cannot say that the plaintiff has met his burden on this point. Reversed.…
• Selle v. Gibb, 741 F.2d 896 (7th Cir. 1984)
  …ce to support a reasonable possibility of access because the jury cannot draw an inference of access based upon speculation and conjecture alone. For example, in Twentieth Century-Fox Film Corp. v. Dieckhaus, 153 F. 2d 893 (8th Cir.), cert, denied, 329 U.S. 716, 67 S.Ct. 46, 91 L.Ed. 621 (1946), the court reversed a finding of infringement based solely on the similarities between plaintiff’s book and de [*902] fendant’s film. The court stated that the plaintiff herself presented no evidence that the defend…
• Scott v. WKJG, Inc., 376 F.2d 467 (7th Cir. 1967)
  …d only if the similarities of the two plays are so striking and of such nature as to preclude the possibility of coincidence, accident or independent creation. Twentieth Century-Fox Film Corp. v. Dieckhaus, 8 Cir., 153 F. 2d 893, 898-899, cert. den. 329 U.S. 716, 67 S.Ct. 46, 91 L.Ed. 621; Heim v. Universal Pictures Co., 2 Cir., 154 F. 2d 480, 487. The applicable legal principle has been expressed as “In such circumstances, the similarities must be such that copying is not merely suspected, but is establis…