154 F. 754 | U.S. Circuit Court for the District of Eastern Pennsylvania | 1907
Whatever may appear when it comes to a final hearing, the case as it stands is not one for a preliminary injunction. In order to warrant that, as is well known, the facts must be clear, and the equities growing out of them in no doubt, which cannot be said at present of what we have here. The defendants deny the piracy charged. They also question the right of the complainant to copyright the matters in controversy. As to a large part of them at least, the notice of copyright, necessary to secure the
The motion for a preliminary injunction is overruled.
On Renewal of Motion.
(July 9, 1907.)
ARCHBALD, District Judge.
It is out of these features that the difficulty arises. It is suggested that they may be met and obviated by simply restraining the defendants from making any unlawful use of the compilation which the complainant publishes. But the defendants are entitled to be informed with reásonable certainty of what they are forbidden to do. Swift v. United States, 196 U. S. 375, 4-01, 25 Sup. Ct. 276, 49 L. Ed. 518. And an injunction in this form would be open to the objection that it was argumentative and inspecific. So also would an order, prohibiting them from making use of any duly copyrighted matter from the publication referred to, which not only would have to assume, as just pointed out, that the complainant would copyright his work, but would also throw upon the defendants the duty of determining whether he had done so. Even if all this were overcome, there would still be the counter charge of infringement, set up by the defendants, to which allusion was made in the former opinion) which, although not so definite as it might be, is not without weight in the general consideration ; it being hardly to be expected that a court of equity would enforce in favor of the complainant a law which he himself disregards, if that in fact be the case.
Under all the circumstances, I do not see my way to allow even the modified form of injunction which is asked for, and the motion is therefore refused.
Specially assigned.
Specially assigned.