The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1895-05-27
FIFTH EDITION.
THE DIRECTORY WAR
Motion for Preliminary Injanetiou
Against Barry hoard In tho Court BY
Judge WALES To-day.

Motion for Preliminary Injuncttou
Against Barry hoard In tho Court BY
Judge Wales To-day.
George II. Bates this morning fin the
United Statea Court made an appiieation
for Preliminary injunction restrainlng
Homer Barry from selling q business and
block directory. 1t was claimed that the
directory published by Mary A. Costa
was infringed upon by Barry. He clalmeds
according to the affidavit OF Mary L
Heath, who has been connected In the
directory Office slnoe 1887. She has BEEN
engaged by Ferris Bros.. who had the
directory copyrighted.
William A. Costa succeeded them and,
Mary a. Costa spceesdsd the LATER, After
claimed that 1t copied from Costas 1894
directory. She claimed 1t contained
names OF those who do not 1.-Two at the resi-.
denoes designated, that Others resided
where there were no houses. names were
correct. names of dead men appealei. In.
correct addresses of firms, ADVERTISE
ments copied, authorizations copied, and
names OF firms published now gone out
Of business. city map copied and names
of streets mlaspelled. =
An affidavit was filed by Charles II. Scott
that he personally canva5sed from house
to house and found the allegations above
stated. He made the canvass on April 30.
William Costas affidavit stated that
Barry had threatened to press q suit
against him II the present suit Was not
dropped.
William II, Hlles presented tho answer
which denied that Mary A. Costa had any
exclusive right and that she never receiv-
ed an assignment Barry's directory does
not Infringe In any way and that can
vassers went from house to house and
secured the Information. He supported
this by atfidavits from the canvasssrs who
had been employed thereon. All the
names, &C., were secured without access
to the old Costa directory of 1894
Inc Barry directory oil 1895 was publish-
cd on May 8rt and Mr.. Scott canvassed
the names published there In two weeks
before that time. The copyright has not
been assigned from Ferris Bros. The adj
vertlsements were secured and printed
according to directions.
Mr.. Bates stated that he rested entirely
on the two books.
Mr.. Hllles for the Information OF the
court read the copyright law.
Mi. Bates said the question of law be.
tween Mr.. Hilles and himself was that he
claimed the laws OF England and this
country gave the party taking out the
copyright was infringing unless he went
to the original party for its Information.
That being admitted 1t comes down to q
question OF fact whether the directory OF
1894 was used for Barry's directory.
Judge Wales said that q few years ago q
suit WAS decided In reference to an ency.
olopedia. And could the defendant DO
enjoined from publishing the entire dirae-
tory or only that part. Us
There arc only few pages OF the de.
fondants book. You have gone through
four letters and found tue copied names.
Now why not go through the entire book2
MIR. Bates: the names given were only In.
stances quotud for the court.
Mi. Bates stated that II in name there
was misspellinR he commended thai
1t would be evidence that the original
work had been copied.
The CO urt felt that 1t was the duty Of
the plaintiff to prove tho Inaccuracies In
both books.
Mr.. Bates challenged the production of
the copyright Of Barry's directory for '94.
The directory showed on lite title page
that 1t was copyrighted In 1894, and tho
certificate showed April 80. 1895
MIR. Hilles said that the bill does not
state that Mary A. Costa is the owner OF
copyright. 1t has not shown that two
copies we're lodged with the Librarian Of
Congress and therefore there has teen no
copyright proven In this Case There is
no allegation that the defendant intends
to sell the directory to the injury OF the
plalntlif.