Da Prato Statuary Co. v. Giuliani Statuary Co.
U.S. Circuit Court for the District of Minnesota
In Equity. Bill by the Da Prato Statuary Company against the Giuliani Statuary Company. On motion for temporary injunction. Granted. This is a bill in equity brought by the complainant company of Chicago, a producer and seller of statuary and other articles for the decoration of churches and religious edifices.
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In Equity. Bill by the Da Prato Statuary Company against the Giuliani Statuary Company. On motion for temporary injunction. Granted. This is a bill in equity brought by the complainant company of Chicago, a producer and seller of statuary and other articles for the decoration of churches and religious edifices. The bill alleges that complainant for the furtherance of its business, at great expense and labor, prepared and issued a trade catalogue containing pictures and cuts of its various statuary and articles; that said catalogue was duly copyrighted, and that since the issuance thereof the…
1Opinion of the CourtWillard, District Judge
(after stating the facts as above). [1] The motion of the complainant for a temporary injunction, so far as it is based upon the claim of unfair competition, is denied. It is necessary, however, to consider whether such an injunction should be granted on the ground that the defendant has infringed the complainant's copyright.
[2] The complainant, has offered evidence tending to show that 117 of the cuts contained in its catalogue have been copied in the defendant’s catalogue; but no proof has been presented to show that *92any of these photographs so used by the defendant have been copyrighted by…
2Cases cited11 opinions
- Baker v. SeldenSupreme Court of the United States · 1880
- Bleistein v. Donaldson Lithographing Co.Supreme Court of the United States · 1903
- Burrow-Giles Lithographic Co. v. SaronySupreme Court of the United States · 1884
- Dam v. Kirk La Shelle Co.Court of Appeals for the Second Circuit · 1910
- Lawrence v. DanaU.S. Circuit Court for the District of Massachusetts · 1869
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- American Code Co. v. BensingerCourt of Appeals for the Second Circuit · 1922
- Jeweler's Circular Pub. Co. v. Keystone Pub. Co.Court of Appeals for the Second Circuit · 1922
- King Features Syndicate v. FleischerCourt of Appeals for the Second Circuit · 1924
- Lin-Brook Builders Hardware v. Evelyn Gertler and Irving Gertler, Individually, and Dba All-American Home CenterCourt of Appeals for the Ninth Circuit · 1965
- Ansehl v. Puritan Pharmaceutical Co.Court of Appeals for the Eighth Circuit · 1932
17 more not listed; retrieve them via the Exa API.