S. E. Hendricks Co. v. Thomas Pub. Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit by the S. E. Hendricks Company, Incorporated, against the Thomas Publishing Company. From a decree in favor of complainant, defendant appeals. The action is to restrain infringement of the copyright of one of plaintiff’s publications, a book known as “Hendricks’ Commercial Register, 23d Edition.”
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Appeal from the District Court of the United States for the Southern District of New York. Suit by the S. E. Hendricks Company, Incorporated, against the Thomas Publishing Company. From a decree in favor of complainant, defendant appeals. The action is to restrain infringement of the copyright of one of plaintiff’s publications, a book known as “Hendricks’ Commercial Register, 23d Edition.” The infringement asserted consisted in defendant’s copying from said Commercial Register certain matter inserted in a publication of defendant’s known as Hie “Thomas Register of American Manufacturers, 7th…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] 1. The trial court dismissed the defense of “unclean hands,” because the inequitable conduct charged against plaintiff did not “affect the matter in litigation.” If plaintiff did borrow from defendant’s sixth edition for the benefit of its twenty-fourth edition, that act was not deemed so connected with the subject-matter of this suit, viz. infringement of the copyright of plaintiff’s twenty-third edition by defendant’s seventh edition, as to render the defence admissible. Bentley v. Tibbals, 223 Fed. 247, 138 C. C. A. 489. Appellant'insists that this…
2Cases cited14 opinions
- Astor v. MerrittSupreme Court of the United States · 1884
- Bentley v. TibbalsCourt of Appeals for the Second Circuit · 1915
- Universal Film Mfg. Co. v. CoppermanCourt of Appeals for the Second Circuit · 1914
- Gross v. Van Dyk Gravure Co.Court of Appeals for the Second Circuit · 1916
- Mail & Express Co. v. Life Pub. Co.Court of Appeals for the Second Circuit · 1912
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3Cited by14 opinions
- Fred Fisher, Inc. v. DillinghamDistrict Court, S.D. New York · 1924
- Sammons v. Colonial Press, Inc.Court of Appeals for the First Circuit · 1942
- Marks v. Leo Feist, Inc.Court of Appeals for the Second Circuit · 1925
- Ted Browne Music Co. v. FowlerCourt of Appeals for the Second Circuit · 1923
- Davilla v. Brunswick-Balke Collender Co.Court of Appeals for the Second Circuit · 1938
9 more not listed; retrieve them via the Exa API.