Modern Aids, Inc. v. R. H. MacY & Co., Inc.

The defendant appeals from an interlocutory order of Judge Palmieri, enjoining it from infringing the plaintiff’s copyrighted advertisement of a mechanical massage machine, and from selling the machine or any machine “substantially similar” to that “exhibited to the court.” So far as concerns the copyright, the order was plainly right. The plaintiff’s advertisement was made up of pictures and script, and the infringement consisted of an obvious copy of the chief picture and of several substantial parts of the script. The only defense suggested is that the plaintiff’s copyrighted sheets…