70 F. 237 | U.S. Circuit Court for the District of Northern Ohio | 1895
This is an application for a, temporary injunction to restrain the defendants from publishing a list of trotters and pacers having made a record of 2:30 or better. It proceeds upon the charge that the complainant has compiled such a list of horses in what is known as "Wallace’s Year Books,” which compilation is the result of original information and facts gathered from original sources by complainant’s industry, and at its expense. The defendants reply that all the facts stated in complainant’s book are obtainable from other independent sources, and has exhibited to the court a large number of publications which contain lists of trotters and pacers having the records stated in complainant’s hill.
It is certainly evident from the affidavits ñled on both sides that, while the defendants might be able to compile all this information from the sources exhibited to its affidavits, yet it is evident from Mr. G ocher’s own affidavit that he has availed himself of the industry of the complainant, and has used the tables which it compiled at great expense and labor. This the defendants certainly cannot do under the law. A mere compilation of facte is protected by the copyright law, as well as original matter showing invention. There are numerous cases which hold that any compilation or any table of statistics which are the result of the author’s industry, and which are gathered at his expense, cannot be bodily used by an infringer.