Legal Opinion

Dun v. International Mercantile Agency

U.S. Circuit Court for the District of Southern New York

Decided December 19, 1903PublishedCited by 4 opinions

On Motion for Preliminary Injunction.

1Opinion of the Court

LACOMBE, Circuit Judge.

It is not disputed that defendant made use of complainant’s book in preparing its own publications. Thanks to such use, it discovered the names of individuals, firms, and corporations engaged in business, and therefore desirable for inclusion in its hook, which names had apparently not been discovered by the investigations of defendant’s own canvassers, nor found in some other publication. The names thus obtained from complainant’s book aggregated certainly hundreds, possibly thousands.. Was this an unfair use of the complainant’s book? Had this question been presented…

2Cases cited2 opinions

  1. Edward Thompson Co. v. American Law Book Co.Court of Appeals for the Second Circuit · 1903
  2. Colliery Engineer Co. v. EwaldU.S. Circuit Court for the District of Southern New York · 1903

3Cited by4 opinions

  1. Loew's Incorporated v. Columbia Broadcasting SystemDistrict Court, S.D. California · 1955
  2. Dun v. Lumbermen's Credit Ass'nCourt of Appeals for the Seventh Circuit · 1906
  3. Sampson & Murdock Co. v. Seaver-Radford Co.U.S. Circuit Court for the District of Massachusetts · 1904
  4. Sampson & Murdock Co. v. Seaver-Radford Co.U.S. Circuit Court for the District of Massachusetts · 1905

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