233 F. 601 | W.D.N.Y. | 1916
This suit in equity was brought to compel the defendant, Dunston Lithograph Company, to account for the profits and damages arising from the infringement of 26 chromos or lithographs, and to restrain said defendant from further infringing them. The bill’ avers that in compliance with the Revised Statutes complainant secured copyrights on certain chromos or lithographs Of vegetable products, such as carrots, beets, cabbages, radishes, etc.; that in the preparation and publication of such chromos or lithographs large amounts of money were expended; that such chromos were marked copyrighted and bore the date of copyrighting; that the defendant, having notice of such copyrighting, without license or permission from complainant and in violation of the latter’s rights, made copies of such chromos, or of substantial portions thereof, in some instances copying the pictures outright, and in other instances merely reversing or transposing them, to the injury of complainant. The proofs support such allegations.
'Defendant, in opposition to a decree for complainant, contends (1) that the copyright was invalid for lack of registration in the Patent Office;. (2) that 17 of the 26 chromos in suit are shown to have been published without the copyright mark; (3) that the defendant had the legal right to produce pictures of vegetables and use them on seed packages; and (4) that no damages are shown.
4. The questions arising from the sale of the infringing copies in Canada and not in the United States, involving the damages recoverable, are reserved to the accounting.
The complainant may have a decree as prayed for in the bill, with costs.
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