(DOWNLOAD) "Lin-Brook Builders Hardware v. Evelyn" by United States Court of Appeals for the Ninth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Lin-Brook Builders Hardware v. Evelyn
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 26, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Appellant is engaged in the business of retailing hardware and other goods in Anaheim, California. To advertise its establishment appellant has been publishing illustrated catalogues of its merchandise since 1957. Many of the illustrations were drawn by a commercial artist, H. L. Baxter, whom appellant employed as an independent contractor. Beginning in 1961 appellant made it a practice to copyright the catalogues by placing the words "Copyright 1961 Lin-Brook Hardware" on the cover of each catalogue and by registering the copyrights with the appropriate Government offices. Appellees operate a hardware store in Downey, California, about 12 to 15 miles from appellants store. They deal in similar or identical items of merchandise. Appellees also publish an illustrated catalogue to advertise their merchandise. Appellant, believing its copyright to have been infringed by the appellees, gave notice thereof on February 5, 1962, and commenced this lawsuit on August 13, 1962. The trial court severed the issues of liability and damages and at the conclusion of the trial the court found against appellant and dismissed the complaint. The trial court did not make formal findings of fact but it did issue a memorandum decision which was to be considered as the findings of the court.