39 F. 474 | U.S. Circuit Court for the District of Western Michigan | 1889
The complainants, who are manufacturers of church furniture at New York, prepared and published a book of engravings,
But it is urged that it is alleged and claimed by the complainants that their illustrations are intrinsically valuable, as works of art. I am convinced, however, that they were not published as such, but simply for trade purposes in aid of their sales, and I doubt (though I do not decide) whether they can be regarded in any other light. If they could be established to be works of art, having value independent of their uso as advertisements, a very different question would be presented. This subject may be deferred until the hearing of the causo. I have too much doubt about the fact to warrant the granting a preliminary injunction, and the motion therefore is denied.