Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1858-08-26

's In ohnncery.
This was al action for an alleged infringe
ment of complainaut's Copyright The com
plainant is the author Of a work for which he
has copyright called "Ohio Criminal Law
and Forms, published in October. 1856, con-
taining, as he alleges, forms of indictments, in
formations and affidavits adapted to all the
provisions of the Criminal law of Ohio in force
at the time the work was prepared. OF these
there are about six hundred.
The defendant is the author Of work called
- A Treatise on the Criminal Law of the State
of Ohio published in October, 1857, contain
ing l30 forms for indictments, under Ohio
Statutes
The complainant alleges that the defendant
has infringed his copyright by copying into
his Treatise between fifty and sixty forms from
his book, being about two-fifths Of all the forms
Of indictments contained in the defendants
book
These forms alleged to be pirated are for
minor offences created by Ohio Statutes, which
it is claimed by the complainant cannot be
found in any similar work, published IN other
States, the larger portion Of which are averred
by him to be entirely original, and others OBJ
tained from the records of different courts in
this State and with slight verbal alterations
inserted in his bOok-thus furnishing forms
and precedents which cannot elsewhere be
found
The complainant asked for an Injunction, re-
straining the defendant from selling his said
book, for an account of his sales, and for de-
cree for damages based upon the amount of
such sales.
The defendant answered, denying that he
had copied from the camplainant's book.
The cause came on for hearing at this Term
on motion for a preliminary Injunction, and
was argued by II. Griswold for the complain
ant and BY MIR. Otis for the defendant.
An examination of the forms alleged by the
Complainant TO nave been appropriated by the
Defendant from his book, shows that many Of
them are precisely alike with the exception of
the initials used that IN some instances when
in the Defendants forms, he commenced with
one set Of initials-befere the close he would
use the initials found in ComPlainant's forms :;
that in q large number Of instances where there
were slight grammatical errors in Compliments
forms, or the incorrect use of some word, the
same errors were carried into the Defendants !;
in some instances his alterations were only col
orable, as in this; that in the commencement
of an indictment some word or words in an
averment were omitted, and in another place
they would be used as in the COmplainant's
I
forms, as though they were contained in the
commencement (; and many other earmaTks,
held By Courts as evidence ofprivacy.
Upwards OF so forms had these evidences
of having been copied from Warren's forms.
The case was held under advisement some
ten days, and on Monday last Judge Wilson
announced the opinion of the Court, holding
that the defendant had been guilty of infringing
the copyright of the complainant. His honor
remarked that he had not given the two works
so full an examination as TO enable him to say
how largely the defendant had pirated from the
complainant's book, and that as a basis for the
/ further action of the Court the case would be
referred TO Master, with instructions TO report
as to the extent of the infringement upon the
complainant's copyright, and whether the Por-
tions pirated from his book, by the defendant,
can be expurgated from the defendants book
without destroying the same. In the mean
time he would grant preliminary injunction
restraining the defendant from selling or disPo-
sing of his book containing any forms taken
from the complainant's book.
A decree was entered in accordance with the
above, and the case continued for the coming II
of the Masters report,