Hoague-Sprague Corporation v. Frank C. Meyer Co.

INCH, District Judge.

Plaintiff has sued defendant for alleged violation of plaintiff’s copyright, and in said suit now makes this motion for a preliminary injunction. The defendant, in addition to the opposing of this motion of plaintiff, moves to dismiss the complaint, on the ground that, as a matter of law, the alleged copyright of plaintiff is invalid.

At the outset there is another point for dismissal, made by the defendant, which should be mentioned. The complaint sets forth that the label in suit was designed for hire by a designer, and was thereupon published with a copyright notice. It…