Edward Thompson Co. v. American Lawbook Co.
U.S. Circuit Court for the District of Southern New York
Motion for a preliminary injunction to restrain the further publication and sale of volumes I and 2 of defendant’s Cyclopaedia of Law and Procedure, or of so much thereof as may be found to be an infringement of one or other of two publications copyrighted by the complainant, and known as “American and English Encyclopaedia of Law, Second Edition,” a rewritten work, of which 19 volumes were published when this suit was brought, and “Encyclopaedia of Pleading and Practice,”…
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Motion for a preliminary injunction to restrain the further publication and sale of volumes I and 2 of defendant’s Cyclopaedia of Law and Procedure, or of so much thereof as may be found to be an infringement of one or other of two publications copyrighted by the complainant, and known as “American and English Encyclopaedia of Law, Second Edition,” a rewritten work, of which 19 volumes were published when this suit was brought, and “Encyclopaedia of Pleading and Practice,” 21 volumes of which had been published when this suit, was begun.
1Opinion of the Court
LACOMBE, Circuit Judge.
A large part of defendant’s affidavits and exhibits is devoted to supporting the contention that much of the matter contained in complainant’s copyrighted books has been taken from other copyrighted books, principally digests. So far as the copyrights of the books thus drawn upon are owned by others than defendant, such evidence is immaterial. If the owners do not object to such use of their digests, their acquiescence may be taken to import a license. As to the digests which belong to the defendant, it would seem that the contention now advanced might more properly be…
2Cited by2 opinions
- West Publishing Co. v. Edward Thompson Co.U.S. Circuit Court for the District of Eastern New York · 1909
- Colliery Engineer Co. v. EwaldU.S. Circuit Court for the District of Southern New York · 1903