Mead v. West Pub. Co.
U.S. Circuit Court for the District of Minnesota
This was a suit in equity by Wilson L. Mead, Charles E. Grill, James E. Callaghan, FT. A. Clark, and Frederick Darvill, co-partners as Callaghan & Co., against the West Publishing 'Company, for alleged infringement of a copyright in an annotated edition of “Stephen’s Pleading,” entitled “Andrews’ Stephen’s Pleading.”
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This was a suit in equity by Wilson L. Mead, Charles E. Grill, James E. Callaghan, FT. A. Clark, and Frederick Darvill, co-partners as Callaghan & Co., against the West Publishing 'Company, for alleged infringement of a copyright in an annotated edition of “Stephen’s Pleading,” entitled “Andrews’ Stephen’s Pleading.” The alleged infringing book was the second edition of a law book entitled “Ship-man’s Common-Law Pleading,” and was prepared and edited for defendant by Mr. W. L. Clark. The cause was heard upon a motion for a temporary injunction. Shipman on Pleading (first edition) was…
1Opinion of the CourtLochren, District Judge
(orally). This is the first case of the kind that has come before me, and comes under a branch of the law with which I am not entirely familiar, so far as an examination of decided cases is concerned. The law provides, and properly, that, when an author has expended his time and talent upon a book, his property right in it is one which the law will protect against any one who attempts to avail himself of the results of the author’s labor. This rule applies, as I understand the law, to books written by an author, of which the forms of expression are his own, and the result of his own research…
2Cases cited14 opinions
- Clearwater v. MeredithSupreme Court of the United States · 1864
- Dyett v. PendletonCourt for the Trial of Impeachments and Correction of Errors · 1826
- Panton v. HollandNew York Supreme Court · 1819
- Davis v. EasleyIllinois Supreme Court · 1851
- Millikin v. JonesIllinois Supreme Court · 1875
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3Cited by4 opinions
- Fred Fisher, Inc. v. DillinghamDistrict Court, S.D. New York · 1924
- Mathews Conveyer Co. v. Palmer-Bee Co.Court of Appeals for the Sixth Circuit · 1943
- Edward Thompson Co. v. American Law Book Co.Court of Appeals for the Second Circuit · 1903
- Dun v. Lumbermen's Credit Ass'nCourt of Appeals for the Seventh Circuit · 1906