Continental Casualty Co. v. Beardsley
United States Court of Appeals for the Second Circuit
253 F.2d 702 (1958)
- Written by Sarah Holley, JD
Facts
In the late 1930s, Beardsley (defendant) published a pamphlet containing blank forms for a blanket bond that would operate in futuro to cover replacement of lost securities. The entire pamphlet carried a notice of copyright. Continental Casualty Co. (plaintiff) initiated suit against Beardsley seeking declaratory judgment that Beardsley’s copyrights were invalid, together with an injunction. Beardsley counterclaimed, alleging infringement by Continental of his valid copyrights. The district court held that the forms in question were not copyrightable and that, even if the forms were, there was no infringement. The district court granted the declaratory relief sought by Continental and an injunction. Both parties appealed from their respective adverse rulings.
Rule of Law
Issue
Holding and Reasoning (Hincks, J.)
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