LAKEN

v.

CORNMESSER

Citator

Cited By (25 total)

• United States v. Mandel, 591 F.2d 1347 (4th Cir. 1979)
  …o the discretion of the trial court, and an appellate court should not order severance of defendants properly joined under FRCrP 8 unless the trial judge has abused his discretion. United States v. Chramek, 331 F. 2d 380 (4th Cir. 1964), cert. den., 379 U.S. 822, 85 S.Ct. 45, 13 L.Ed.2d 33 (1964). We have reviewed William Rodgers’ claim in this case and do not think the trial court was in error. Severance will not be granted when the claim is based on the disparity of evidence adduced against individual d…
• Dallas Cowboys Cheerleaders, Inc. v. Pussycat Cinema, Ltd., 604 F.2d 200 (2d Cir. 1979)
  …;9 however, we need not reach that question. Although, as defendants assert, the doctrine of fair use permits limited copyright infringement for purposes of parody, see Berlin v. E. C. Publications, Inc., 329 F. 2d 541 (2d Cir. 1964), cert. denied, 379 U.S. 822, 85 S.Ct. 46, 13 L.Ed.2d 33 (1965), defendants’ use of plaintiff’s uniform hardly qualifies as parody or any other form of fair use. See Walt Disney Productions v. Mature Pictures Corp., 389 F.Supp. 1397, 1398 (S.D.N.Y.1975). Nor does any other fir…
• Walt Disney Prods. v. The AIR Pirates, 581 F.2d 751 (9th Cir. 1978)
  …parodist by asking whether the parodist has appropriated a greater amount of the original work than is necessary to “recall or conjure up” the object of his satire. Berlin v. E. C. Publications, Inc., 329 F. 2d 541 (2d Cir. 1964), certiorari denied, 379 U.S. 822, 85 S.Ct. 46, 13 L.Ed.2d 33; see Columbia Pictures Corp. v. National Broadcasting Co., 137 F.Supp. 348 (S.D.Cal.1955).13 In order to facilitate application of either the Benny threshold test or the Berlin test, it is important to determine what are…

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