120 N.Y.S. 991 | N.Y. Sup. Ct. | 1910
The facts in this case are somewhat similar to those in the Eliot case. The complaint alleges, as additional facts to those contained in the Eliot case, that the plaintiff entered into the contract with Dr. Eliot, and that in pursuance thereof plaintiff commenced to print and publish the writings so selected by Dr. Eliot in a uniform edition, with three ‘separate styles of binding, under the title of “ The Harvard Classics,” and since October 13, 1909, has been selling the hooks so published by it with the trademark, “ Dr. Eliot’s Five-foot Shelf of Books,” printed on the outside of all the books; that, prior to the 1st day of December, 1909, the plaintiff had published and sold about 30,000 volumes of the said set of books, inclosed in such wrappers; that plaintiff has invested and expended large sums of money in the preparation, printing, advertising, publication and distribution of said hooks; that, during the month of June, 1909, plaintiff advertised in “ Collier’s The national Weekly,” a publication having a large circulation, an advertisement describing the proposed publication of said books; that the income derived from the books already published and distributed has been large, while the income from the books not yet published or distributed has promised to he much larger; that plaintiff has also caused a similar advertisement to he published in all the leading magazines in the United States; that the plaintiff caused to be printed a pamphlet of twenty-five pages entitled “Announcement of the Harvard
Motion granted.