Judgment Search Results Home > Cases Phrase: copyright act 1957 chapter i preliminary Sorted by: old Court: us supreme court Page 11 of about 171 results (0.566 seconds)

Park N' Fly Inc. Vs. Dollar Park and Fly, Inc.

Court : US Supreme Court

..... that time it simply has deteriorated to the point where 7 percent of the documents are missing." hearing before the subcommittee on patents, copyrights and trademarks of the senate committee on the judiciary, 98th cong., 1st sess., 5 (1983). [ footnote 2/13 ] one treatise ..... follows: "except as expressly excluded in paragraphs (a), (b), (c), and (d) of this section, nothing in this chapter shall prevent the registration of a mark used by the applicant which has become distinctive of the applicant's goods in commerce. the ..... u.s.p.q. 499 (1955), aff'd, 44 c. c. p. a. 861 (pat.), 242 f.2d 776 (1957), but the latter case did not in fact involve the use of an incontestable mark in an enforcement action. the patent office in rand ..... we nevertheless affirm the decision below based on the "prior use" defense recognized by 33(b)(5) of the lanham act. alternatively, respondent argues that there is no likelihood of confusion and therefore no infringement justifying injunctive relief. the district court .....

Harper and Row Vs. Nation Enterprises

Court : US Supreme Court

..... of fair use should not be read as adoption of any rigid presumption against prepublication use. if read that way, the broad statement that the copyright act was intended to incorporate the common law would, in effect, be given the force of nullifying congress' repeated methodological prescription that definite rules are inappropriate ..... manuscript." reply brief for petitioners 16, n. 8. the portions actually quoted were selected by mr. navasky as among the most powerful passages in those chapters. he testified that he used verbatim excerpts because simply reciting the information could not adequately convey the "absolute certainty with which [ford] expressed himself," app. ..... 621 f.2d 57, 60 (ca2 1980). see generally l. seltzer, exemptions and fair use in copyright 18-48 (1978). [ footnote 4 ] see latman 7; strauss, protection of unpublished works (1957), reprinted as study no. 29 in copyright law revision studies nos. 29-31, prepared for the senate committee on the judiciary, 86th cong., 2d .....

Life Insurance Corporation of India Vs. Escorts Ltd. and ors.

Court : Supreme Court of India

Reported in : AIR1986SC1370; [1986]59CompCas548(SC); (1986)1CompLJ91(SC); 1986(8)ECC189; 1985(2)SCALE1289; (1986)1SCC264; [1985]Supp3SCR909

..... is stated and the occasions when the corporate veil may be lifted have been enumerated and classified into fourteen categories. similarly in gower's company law (fourth edition), a chapter is devoted to 'lifting the veil' and the various occasions when that may be done are discussed. in tata engineering and locomotives co. ltd. (supra), the company ..... of india and the reserve bank of india alone that has to decide whether permission may or may not be granted under section 29(1) of the act. the act makes it its exclusive privilege and function. mo other authority is vested with any power nor may it assume to itself the power to decide the question ..... was enacted as a temporary measure, but it was placed permanently on the statute book by the amendment act of 1957. the statement of objects and reasons of the 1957 amendment act expressly stated, 'india still continues to be short of foreign exchange and it is necessary to ensure that our foreign exchange resources are conserved in the national .....

Atchison T. and S. F. R. Co. Vs. Buell

Court : US Supreme Court

..... : "any contract, rule, regulation, or device whatsoever, the purpose or intent of which shall be to enable any common carrier to exempt itself from any liability created by this chapter, shall to that extent be void." 45 u.s.c. 55. [ footnote 7 ] section 1 of the fela, as codified, provides, in part: "every common carrier ..... slightest, in producing the injury or death for which damages are sought." rogers v. missouri pacific r. co., 352 u. s. 500 , 352 u. s. 506 (1957). indeed, in the spirit of broad construction, the fela has been construed to cover some intentional torts even though its text only mentions negligence. see jamison v. encarnacion, 281 ..... words, was that "there is no subject matter jurisdiction in the district court to entertain an action concerning a labor dispute between a 'carrier' subject to the railway labor act and its employees." record doc. no. 42, p. 6. the district court accepted this argument, and granted summary judgment on "the narrow question of the availability .....

Burlington No. R. Co. Vs. Maintenance Emps.

Court : US Supreme Court

..... injunction in a case involving or growing out of a labor dispute, except in a strict conformity with the provisions of this chapter." 29 u.s.c. 101. section 4 enumerates specific acts that shall not be subject to any restraining order or injunction; these include: "(a) ceasing or refusing to perform any work ..... duty that is merely inferred from the language and structure of the rla. in trainmen v. chicago r. & i. r. co., 353 u. s. 30 (1957) ( chicago river ), for example, the court held that federal courts may enjoin a strike over a minor dispute in order to enforce compliance with 3 first of the ..... small railroad that is a subsidiary of guilford transportation industries, inc. (guilford), which also owns other railroads. after exhausting the settlement procedures mandated by the railway labor act (rla), bmwe instituted a lawful strike against the guilford railroads. bmwe later extended its picketing to other railroads (including petitioners) with which guilford interchanged traffic. in .....

Lutheran Church Vs. County of Los Angeles

Court : US Supreme Court

..... be established prior to the contemplated ordinance amendment, and once established may continue after such amendment has been made because of the provisions of article 9 of chapter 5 of ordinance no. 1494." "by reason of the foregoing facts this ordinance is urgently required for the immediate preservation of the public health and ..... . we disagree, and conclude that, in these circumstances, the fifth and fourteenth amendments to the united states constitution would require compensation for that period. in 1957, appellant first english evangelical lutheran church purchased a 21-acre parcel of land in a canyon along the banks of the middle fork of mill creek in ..... inverse condemnation as a result of the self-executing character of the constitutional provision with respect to compensation. while the typical taking occurs when the government acts to condemn property in the exercise of its power of eminent domain, the doctrine of inverse condemnation is predicated on the proposition that a taking .....

S.F. Arts and Athletics, Inc. Vs. Usoc

Court : US Supreme Court

..... a legitimate property right in a word, the sfaa's distinction is inapposite. as this court has noted in the analogous context of "fair use" under the copyright act: "the crux of the profit-nonprofit distinction is not whether the sole motive of the use is monetary gain, but whether the user stands to profit from exploitation ..... games." id. at 67, 94, 107, 113-114, 167, 360, 362, 427-428. [ footnote 2 ] page 483 u. s. 526 section 110 of the amateur sports act (act), 92 stat. 3048, 36 u.s.c. 380, grants respondent united states olympic committee (usoc) [ footnote 3 ] the right to prohibit certain commercial and promotional uses of the word ..... 1987 decided june 25, 1987 483 u.s. 522 certiorari to the united states court of appeals for the ninth circuit syllabus section 110 of the amateur sports act of 1978 (act) grants respondent united states olympic committee (usoc) the right to prohibit certain commercial and promotional uses of the word "olympic" and various olympic symbols. petitioner san .....

Commun. for Non-violence Vs. Reid

Court : US Supreme Court

..... supervised the work, a standard that is hard not to meet when one is a hiring party." hamilton, commissioned works as works made for hire under the 1976 copyright act: misinterpretation and injustice, 135 u.pa.l.rev. 1281, 1304 (1987). in sum, we must reject petitioners' argument. transforming a commissioned work into a work ..... be accorded work for hire status. the hiring party's right to control the product simply is not determinative. see note, the creative commissioner: commissioned works under the copyright act of 1976, 62 n.y.u.l.rev. 373, 388 (1987). indeed, importing a test based on a hiring party's right to control, or actual ..... the carefully negotiated definition in section 101." second supplementary report of the register of copyrights on the general revision of the u.s. copyright law: 1975 revision bill, chapter xi, pp. 12-13. [ footnote 14 ] strict adherence to the language and structure of the act is particularly appropriate where, as here, a statute is the result of a series .....

Fw/Pbs Vs. City of Dallas

Court : US Supreme Court

..... [that] . . . " "(10) an applicant or an applicant's spouse has been convicted of a crime:" "(a) involving:" "(i) any of the following offenses as described in chapter 43 of the texas penal code:" "(aa) prostitution;" "(bb) promotion of prostitution;" "(cc) aggravated promotion of prostitution;" "(dd) compelling prostitution;" "(ee) obscenity;" "(ff) sale, distribution ..... guided by the principle that "sex and obscenity are not synonymous," roth v. united states, 354 u. s. 476 , 354 u. s. 487 (1957). the former, we have said, the constitution permits to be described and discussed. the latter is entirely unprotected, and may be allowed or disallowed by states ..... not required to distinguish between protected and unprotected speech. he was reviewing applications to practice a particular profession, just as the city of dallas is acting on applications to operate particular businesses. similarly, the fundraisers in riley had their entire livelihoods at stake, just as the bookstores and others subject .....

TafflIn Vs. Levitt

Court : US Supreme Court

..... civil rico claims provides in full: "any person injured in his business or property by reason of a violation of section 1962 of this chapter may sue therefor in any appropriate united states district court and shall recover threefold the damages he sustains and the cost of the suit, including ..... , and prize cases), 1334 (bankruptcy cases), 1338 (patent, plant variety protection, and copyright cases), 1351 (actions against consuls or vice consuls of foreign states), 1355 (actions for recovery or enforcement of fine, penalty, or forfeiture incurred under act of congress), 1356 (seizures on land or water not within admiralty and maritime jurisdiction). assuming ..... interpretation and application of federal criminal laws, for they would not be bound by state court interpretations of the federal offenses constituting rico's predicate acts. state courts adjudicating civil rico claims will, in addition, be guided by federal court interpretations of the relevant federal criminal statutes, just as .....