Encyclopædia Britannica Co. v. American Newspaper Ass'n

Citations

• 130 F. 493
• 1904 U.S. App. LEXIS 4823

Syllabus

<p>1. Cofybight — Violation of Injunction against Infbingehent — Contempt Peoceedings.</p> <p>One defendant company was publisher of an encyclopaedia, and the other was engaged in soliciting orders for the same, which were filled by it with books obtained from the publisher. A temporary order was granted against both defendants, restraining them from selling or delivering sets containing certain articles alleged to infringe complainant’s copyright, and no more of such volumes were thereafter shipped by the publisher. The second company had agencies in different cities, each in charge of a manager, whose duty it was to report each order taken to the company, without whose approval no delivery was authorized to be made thereon. At once on service of the order all managers were notified not to make further deliveries of the volumes involved, but that they might continue to take orders, which would be filled as to such volumes after the court’s order should be vacated or the infringing matter eliminated by the publisher. Within the week following service of the order, certain persons employed for the purpose by complainant obtained from such defendant delivery of four sets or parts of sets containing articles within the prohibition, each in a different city, two through a misunderstanding of the manager as to the volumes affected, and two from subordinate employés, having no knowledge of the order, in the absence of the manager, and in each ease in violation of the rules of the defendant, and without waiting for the usual instructions, because of urgent demand for immediate delivery. Held, that such facts did not warrant an adjudication that either defendant was guilty of contempt, in the absence of any evidence tending to show that the violation of the order was intentional.</p>