was entered on March 1, 1915, and accounting proceedings commenced on April 1, 1915.

FOURTEENTH:

That on or about the 1st day of May, 1917, plaintiff instituted a suit in the United States District Court for the Northern District of Illinois, Eastern Division, against the Martin Gauge Company, a corporation of Illinois, charging infringement of said Letters Patent by the sale of pressure gauges in violation of plaintiff's rights under said Letters Patent; that answer was duly filed by said Martin Gauge Company on or about the 20th day of June, 1917; that said defendant thereupon ceased the manufacture and sale of such infringement gauges; and that said suit is still pending.

FIFTEENTH: That notice has been given to the public that the Pressure Gauges for Pneumatic Tires embodying the improvements or inventions claimed in and by said Letters Patent numbered 927,298 are patented by affixing on all gauges sold thereunder the word "Patented,'' together with the day and year the patent was granted.

SIXTEENTH: That the invention covered by said Letters Patent is of great commercial value and has been successfully exploited by said plaintiff and the said Twitchell; that pneumatic tire air gauges embodying said invention are the only practical, successful and efficient air gauges for this purpose on the market; that there was a demand for such gauges, and that the previous efforts of others to produce an efficient air gauge for this purpose were unsuccessful and that a large and valuable industry of great value to plaintiff has arisen as the result of the invention of the said Twitchell, and that plaintiff is fully capable of supplying the demand for air gauges embodying the said invention.

SEVENTEENTH: That the defendant has, subsequent to August 20, 1912, infringed upon said Letters Patent No. 927,298 by making, using and selling within the Northern District of Illinois, Eastern Division, and elsewhere in the United States, Pressure Gauges for Pneumatic Tires, embodying the invention described in said Letters Patent and has continued so to infringe, whereby defendant has profited and plaintiff has been damaged. That plaintiff is informed and believes that the defendant is now infringing upon said Letters Patent and has on hand large quantities of said Pressure Gauges for Pneumatic Tires made in infringement of said patent, which it is offering for sale.

EIGHTEENTH: That the acts of infringement herein before complained of have been without the authority or license of the plaintiff, or its predecessors in ownership of said Letters Patent, and against the will and in violation of the rights of plaintiff, or its said predecessors. The plaintiff, therefore, prays:

1. For an injunction and a preliminary injunction pending this suit, restraining the defendant, its officers, servants and agents from infringement of said Letters Patent No. 927,298;

2. For costs and an accounting for profits and damages, and that any damages assessed may be tripled;

3. For such other and further relief as the circumstances of the case

M. CHARLES SCHWEINERT, being duly sworn, deposes and says that he is Treasurer and General Manager of A. SCHRADER'S SON, INCORPORATED, the plaintiff herein; that he has read the foregoing bill of complaint; that the statements therein contained are true of his own knowledge except so far as they are stated to be on information and belief; and that as to those matters he believes them to be true; and deponent further states that he believes CHARLES R. TWITCHELL to be the original, true and first inventor of the new and useful improvements described in the Letters Patent set forth in said bill of complaint and that plaintiff's title to said Letters Patent is as set forth in said bill of complaint.

M. C. SCHWEINERT. SWORN TO and subscribed before me this 1st day of May, 1918. GEORGE A. HUNTER,

[NOTARY'S SEAL.]

Notary Public.

FORM XIV.-BILL IN EQUITY IN COPYRIGHT CASE.

[Demurrer overruled except as to the omissions cured by the amendments herein inserted, 119 Fed. 271.]

[District] Court of the United States, Southern District of New York, in the Second Circuit.

To the Judges of the [District] Court of the United States for the Southern District of New York, in the Second Circuit:

The Edward Thompson Company, a corporation duly organized under the laws of the state of New York, having its principal office and place of business at the village of Northport, Long Island, and a resident and citizen of the state of New York, brings this bill against the American Law

Book Company, a corporation duly organized under the laws of the state of New Jersey, having its publication office and place of business and a resident agent in the city of New York, in the southern district of New York.

And thereupon your orator complains and says that your orator is and for thirteen years last past has been a corporation, duly organized, created and established by and under the laws of the state of New York, for the purpose of carrying on the business of making, editing, preparing, pub. lishing, and selling law books, and that during such time it has carried on and still carries on said business at the village of Northport, Long Island, in the state of New York, where it has its principal office and place of business; that the defendant, The American Law Book Company, is and for a year last past has been, a corporation duly organized, created and established by and under the laws of the state of New Jersey, for the same purpose, and that during such time it has carried on and still carries on said business at the city of New York, in the state of New York, where it has its publication office and place of business; and that the defendant, as well as your orator, is, and both of them are, residents and citizens of the United States.

And your orator further alleges and shows that it is, and at the time of the commission of the acts hereinafter complained of was, the author and proprietor of certain publications known as the American and English Encyclopædia of Law, Second Edition, and the Encyclopædia of Pleading and Practice; that said books were designed to give a complete statement of the law on the subjects touched upon therein, and together with their continuations now in the course of preparation, are designed to cover all American and English substantive law, and the practice and procedure in the courts of the United States, both state and federal, and to form a complete and practical working library for the members of the bench and bar in this country; that said volumes were edited, prepared and published by and under the direction of your orator at great expense, from original sources, your orator being at great expense in collecting the cases and au thorities therein cited and searching for judicial precedents, and in discussing and formulating the propositions of law therein contained, and in presenting, selecting and arranging the matter contained in said books; that the contents of such books are alphabetically arranged under topics of the law, and consist of text classified in order giving epitomized statements of the law with notes of decisions, statutes and authorities sustaining, illustrating or explaining the same, and of words which have received judicial construction, with a statement of the decisions and citations of the cases, all of which is original compilation by your orator from original sources of information.

And your orator further alleges and shows that it and its predecessor - in business, one Edward Thompson, whose rights it secured by purchase and assignment, have been engaged in the editing and publishing of Encyclopædias of Law since 1887, being owner and publisher of the American and English Encyclopædia of Law, whose publication was first commenced in the year 1887; that the American and English Encyclopædia

of Law, Second Edition, is a new and original work entirely rewritten and rot based upon the first edition of such work, but given the name of "Second Edition" to distinguish it from such first Encyclopædia of Law published by your orator and its predecessor in business.

And your orator further alleges and shows that within the seven years last past, it, from time to time, made, edited, and prepared and published, and thereupon became and was the author and proprietor of, the following publications, being the books, so far as published to date, comprising the series known as the American and English Encyclopædia of Law, Second Edition, and the Encyclopædia of Pleading and Practice:

[Next follow description with dates of deposit of title page in mail and of two copies in mail.]

And your orator further alleges and shows that, as such author and proprietor, your orator, desiring to secure a copyright upon the aforesaid publications, in accordance with the statutes of the United States in such case made and provided, before the publication of each of said volumes respectively and on the dates above set forth respectively, duly deposited in the mail within the United States, to wit, at the village of Northport, Long Island, New York, addressed to the Librarian of Congress at Washington, District of Columbia, a printed copy of the title of each of said volumes, together with the statutory fee for recording the same, and in accordance with the law, on the dates above set forth respectively and not later than the date of publication of each book respectively, deposited in the mail within the United States, to wit, at the village of Northport, Long Island, New York, addressed to the Librarian of Congress at Washington, District of Columbia, two copies of each of said copyrighted books, and that such copyrighted books in each and every case were printed from plates made in the United States, from type set within the limits of the United States; and your orator avers that it has done all acts and complied with all legal requirements necessary to establish its right to the aforesaid copyrights under the statutes of the United States in such case made and provided.

Your orator further shows that it has caused to be printed and inserted in the several copies of each volume of every edition of the said book called "American and English Encyclopædia of Law, Second Edition," and in the several copies of each volume of every edition of the said book called "Encyclopædia of Pleading and Practice," on the page immediately following the title pages thereof the word "copyright, together with the year the copyright was entered, and the words "Edward Thompson Company," as required by law.

Your orator further shows that before the committing by respondent of the wrongful acts complained of in the bill of complaint, the titles of all the volumes the copyright of which is alleged in said bill to belong to complainant, to wit, volumes 1 to 19 inclusive of the American and English Encyclopædia of Law, Second Edition, and volumes 1 to 21 inclusive of the Encyclopædia of Pleading and Practice, were duly recorded by the Li brarian of Congress on the following dates, respectively, viz.:

[Next followed dates of record of titles.]

And your orator further alleges and shows that each and all of said books were composed, edited, prepared, arranged, and compiled from original sources of information by and under the direction of your orator, and each of said books contained and contains a large amount of matter wholly original with your orator, all of which is the private property of your orator, and that your orator applied for and, as such author and proprietor, obtained, the copyright thereof as aforesaid.

66

And your orator further alleges and shows that it has from time to time printed a large number of said books and sold the same to its cus tomers and subscribers, and has caused to be printed and inserted in each and all of said copies or volumes, on the back of the title page, the word "Copyright," together with the year the copyright was entered and the words Edward Thompson Company,' as required by law, and has complied with all legal requirements necessary to maintain its right to the aforesaid copyrights, and that your orator has never sold or transferred any of said copyrights of said books or any interest or share in the same, nor has it authorized defendant to publish any of said volumes or any portion thereof, or any extracts, excerpts or abridgments thereof, but your orator was and is the sole and exclusive owner of the stock and the proprietor of all of said copyrights, and has the sole and exclusive right to publish each and all of said books and the collections of cases and authorities under the topics in such books, and the exclusive right to all the contents contained in each and all of said books; and that the copyrights of said books are of great value, to wit, of the value of five hundred thousand dollars, and the loss and damage to your orator by reason of the violation is not less than the same amount.

Nevertheless, as your orator further alleges and shows, the defendant was organized for the purpose of publishing and selling an encyclopædia designed to cover the same field of work as your orator's publications and in competition therewith, and in pursuance of such design defendant has caused to be prepared a book known as the "Cyclopædia of Law and Procedure," which it is now selling in competition with your orator's publications, containing a large amount of your orator's original copyrighted matter taken, copied and pirated from your orator's publications aforesaid. And your orator further alleges and shows that defendant, in preparing its Cyclopædia of Law and Procedure, volumes one and two, has as a substitute for and in lieu of a resort to original sources unfairly used the results of your orator's labor as set forth in your orator's publications aforesaid, and has incorporated such results in defendant's publications, and defendant's said publications are to a very large extent the product of your orator's original work rewritten as to form and with changes, omissions and additions made by defendant, so as to conceal the fact that it was the product of your orator's original work as aforesaid; that defendant, instead of resorting to original sources for citations of cases, definitions of terms, statements of legal principles, and similar legal information, has to a very large extent obtained the same from your orator's said publications, thereby unfairly availing itself of your orator's original work, the results of which it published as its own original work