Harper v. Holman
U.S. Circuit Court for the District of Eastern Pennsylvania
This was a suit in1 equity by Harper & Bros, against William A. Holman and others, trading as A. J. Holman & Co., for alleged infringement of complainants’ right in the name of a book, and also for an infringement of their copyrights. A demurrer to the bill was heretofore overruled. See 84 Fed. 222. The cause is now heard upon a motion for a preliminary injunction.
1Opinion of the Court
DALLAS, Circuit Judge.
The plaintiffs have moved for an injunction pendente lite to restrain the defendants — First, from continuing an alleged violation of copyright; and, second, from using, in connection with any book whatever, the name or designation “The Fram Expedition'-Nansen in the Frozen World.”
1. A preliminary injunction will not be awarded except in a plain case; and, upon careful consideration of the proofs as now presented, I cannot say that the infringement of copyright alleged has been so clearly established as to exclude substantial doubt upon that subject. It must not be…
2Cases cited5 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Estes v. WilliamsU.S. Circuit Court for the District of Southern New York · 1884
- Estes v. LeslieU.S. Circuit Court for the District of Southern New York · 1886
- Social Register Ass'n v. HowardU.S. Circuit Court for the District of New Jersey · 1894
- Estes v. WorthingtonU.S. Circuit Court for the District of Southern New York · 1887
3Cited by1 opinion
- Harper v. LareU.S. Circuit Court for the District of Eastern Pennsylvania · 1899