The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-01-17

Judge Hoyt II. Wheeler of the Uni
ted States circuit court for the south
ern district of New York has handed
down an opinion in the case of the
Coliery Engineer company, renamed
the International Text Book company
against the United Correspondence
schools of New York that Is u great
victory for the local company.
Fred w. Ewald, the head of the Uni
ted correspondence schools, was at one
time principal of the local schools.
When he started the United Correspon-
dence schools it Is alleged he duplicat-
ed the instruction papers sent by the
local company to it's students and also
their text books. all OF which are COW
cred by copyright The local company
began proceedings to prevent the Uni
ted schools from using these books and
papers and also for damages for the
injury done them by their use. In his
opinion Judge Wheeler directs that the
books and papers complained of and
now in the possession of the United
schools be destroyed and be appointed
a master to ascertain the damages sus-
tanned. The opinion in part follows:
JUDGES OPINION.
This cause having come on to be heard on
the pleadings and proofs at the October, 1901.
term of said court 1t is hereby ordered adiudged
and decrced as follows:
l. That the complainant is the sole executive
owner and proprietor OF good and valid copy
rights, duly obtained under the laws OF the Uni
ted States Oh each and all OF the following
publications, to wit: (Thc order cnumclates
the various question and answer papers, draw
ing plates, etc)
q That the complainant being the proprietor
OF each and all of said publications duly and
fully complied with all the provisions OF the
law of the United States for copyriglting them
and each Of them and thereby acquired and now
owns the sole liberty OF printing, reprintinG,
publishing, completing, copying. executing. lin
ishing and vending the same and each of them,
| and that the complainant printed on its publi-
cations OF said copyright books and drawing
plates and each of them the notice OF the grant
ing of such copyrights and each Of them re-
quired by the statute.
s. That the said defendants and each OF thcm
have infringed upon the said copyrights and
each OF them and upon the exclusive rights of
the complainant under the same by printing.
publishing and selling and causing TO be printed,
published distributed and sold within the Uni
ted States, books and drawing plates and par
teularly those entitled as follows, to wit: Crhe
order enumcratc3 the various answer and ques-
ton papers.)
g. That in addition to the said infringement
of t,,o said convrolt of the comnlainont. the
s;l 1osondarts ond o,or q, thon, have o,so IN.
f,;r,r cornotod with tba cou,nla6nant in busi.
nn.s IN, ;m;totuo and cnusnc tho imitation in
the construction, arrangement and printing OF
said infringing publications and each OF them.
TO PAY OUR PROFITS.
: That tbc comnIanant do recover from the
dofen,l,nts the pro8ts Gains and advantages
which they the said defendants ana each OF them,
occmed 70 thom bv reason of infripcements of
said con,r;ohts and eocb of then "a we'll as bv
enid ,rf,;r nnmnot;tion. aud o,so Tho DAMAGE
whic, tho comniain,nis has sustained bv reason
ns s,ia ;rfr;nanwert. of s,id con,r;rhts and
o,ch of tIom ,s wal, ne bv reosnn of said nm
,nir oo,nnoti,ion and thot sod defendnnts and
oanh of thon do snrronIor and dcIivrr IN Ia
,ho c,or,, NJ tbi, court to h. cancn,Ied and do.
etrorod all comic. on hand Of said INFRINGING
nnhic,t;op and o,ch of thon
M, eoiI non,n,,;r,r+ 1o rocovor from,
soid dYondonis II. cost, and cIuroos in HE
s,,it IN bo t,xed
Thot Il ho ro,orrod to lain , Shields
49,. ,rhnso ,ono ovnor;orco in .ncb ,,ottors ia
dotor,,;nod h,, tSo court to ho a snfioient re,son
,nr s,,nh oGmoirtr,ont az n,nstor To ASCERTAIN
,otn ora ronort tn Tho GOVT a., oooornt ~ th,.
ovtont of soiJ in,r;ngoment of said convrichts
ona s,iS ,,"ta;r oo,nnotit;on and ~ ,bn nrofts
Gains and ndw,rtogoi which thc dc,onJonts and
eaah - ,,o,,, ronei,od or which havo rocoiycI
~ ,,inn ho,.o ,isor or ooor,od tn zion, or othcr
t'o,'' h go, - ;,,s,i,,o,,",t, - snid
e,n,i,,,,, vail a. h,. .aiI ,,nf,i, onronoii.
,tl", Ell ",.o tn os,oS, t,o d"n,ano s,,fForca
H., ,ro "nr,rI,ir,nt IN, rooson ~, soid inTr;ngc.
,,t Wv all ,r,;r nn,nnot,,iom. ro,,';n,, al n,,os.
,;,,' ~ g.. imaro,so - ,io,,noos rrtiI tha a,r,.
'ioiS 10 " is''"H" VI .""H''S'S ""''' '"' ''''''