J. S. Ogilvie Publishing Co. v. Royal Publishing Co.

Citations

• 241 Pa. 5
• 88 A. 316
• 1913 Pa. LEXIS 727

Syllabus

<p>Equity — Unfair trade competition — Boole covers — Imitationr— Findings of fact — Injunction—Scope of injunction.</p> <p>On bill in equity for an injunction to restrain unfair trade competition, the court found that defendant was simulating the book covers of a series of books published by plaintiff, for the purpose of misleading the public, and perpetually enjoined the defendant from “publishing or selling any book or series of books in imitation of the series of books issued by plaintiff.” Held, that on the findings of fact, which will not be disturbed by an appellate court, unless the evidence is insufficient to sustain them or there is manifest error on the record, plaintiff was entitled to an injunction ; but that as no question of copyright or of statutory or registered trade mark was involved, and unfair competition in trade was relied on as the ground upon which equitable relief was asked, the decree was too comprehensive and might have the effect of enjoining defendant from publishing books which it would otherwise have the right to publish, and should be modified, so as to enjoin the publication and sale of books bound in covers with designs, illustrations, style and arrangement in simulation of those published by plaintiff.</p>