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· 11/23/1905

Sampson & Murdock Co. v. Seaver-Radford Co.

Citations

  • 140 F. 539
  • 72 C.C.A. 55
  • 1905 U.S. App. LEXIS 3943

Syllabus

<p>1. Copyright — Suit for Infringement — Form of Injunctional Decree.</p> <p>Where, on the trial of a suit for infringement of a copyrighted city directory, the court found that defendant’s directory contained certain infringing matter, but it was ,of such character that it could be separated from the original matter, a decree is proper which merely restrains the sale of defendant’s directory only so long as it contains any of the infringing matter therein enumerated.</p> <p>[Ed. Note. — For cases in point, see vol. 11, Cent. Dig. Copyrights, §§ 78-80.]</p> <p>2. Same — Infringement—Directories.</p> <p>Complainant published a general directory of the city of Boston in July, 1903, purporting to give facts as they existed in the spring of that year, and , which was duly copyrighted. In February, 1904, defendant published a general directory of the city, which purported to give the facts as they existed just prior to that time. After completing its original canvass for names, defendant copied on slips from complainant’s directory such names . there printed as it had not obtained in its own canvass, with the informa- ; tion given about them, and with such slips as a guide it verified them by sending canvassers to the addresses given therein, and, when found correct, reprinted the same without alteration in its own directory. Held, that such republication was an infringement of complainant’s copyright.</p> <p>[Ed. Note. — For cases in point, see vol. 11, Cent Dig. Copyrights, § 55.]</p>

Judges: Colt, Lowell, Putnam

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