Hubbard v. Thompson
U.S. Circuit Court for the District of Eastern Missouri
In Equity. Motion for a provisional injunetioii. The bill in this case charges the defendant with having infringed the copyright of a book entitled the “Illustrated Stock-Doctor and Live-Stock Encyclopedia,” alleged to have been assigned by him to the complainant. The alleged infringement consists in the publication by defendant of a book entitled “The American Farmers’ Pictorial Cyclopedia of Live-Stock.”
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In Equity. Motion for a provisional injunetioii. The bill in this case charges the defendant with having infringed the copyright of a book entitled the “Illustrated Stock-Doctor and Live-Stock Encyclopedia,” alleged to have been assigned by him to the complainant. The alleged infringement consists in the publication by defendant of a book entitled “The American Farmers’ Pictorial Cyclopedia of Live-Stock.” The prayer of the bill asks for an accounting and damages, and that defendant be first preliminarily and subsequently permanently enjoined from publishing and selling, or offering for sale,…
1Opinion of the Court
Treat, D. J.
It is not advisable, in passing on this motion, to elaborate the views of the court; for the case must go to final hearing oh the merits.
It must suffice to say that the relationship of the parties to the controversy is complicated by the alleged contract between them, and its alleged abrogation. Whether the original contract and its alleged abrogation covered the copyright, is yet to be determined; also the question of non-performance of covenants. It may be that defendant’s compilation is substantially a reproduction, within the rules of law, of plaintiff’s publication, or it may…
2Cited by1 opinion
- The Golden RodCourt of Appeals for the Second Circuit · 1907