Names of Literary Compositions. port, not a newspaper, Iron Trade (Griffith's*1 Weekly Report. The defendant then began to publish a newspaper, similar to the plain tiff's, called Iron Trade Circular, edited by Samuel Griffiths, established in 1849, and was enjoined for so doing. He changed the title to the Iron Trade Exchange, which was suggested by the Court and accepted by the plaintiff. In another case1, the proprietor of the Times secured a prohibition of the issue of fac similes of earlier issues of his paper and of feigned future numbers, with advertise ments for the defendant's benefit inserted on the last sheet. Turning from periodicals to books and omitting such cases as come more properly under the head of fraudulent substitution", we find that where both parties place sub stantially the same literary matter and simi lar portraits in their work, there is no reme dy where there is no passing off and the two books are so different in cover, outside title and title page that no one of ordinary intel ligence could confound them8. Thus the plaintiff published Nansen's Furthest North a^ $10, and defendant was not restrained from publishing for $2, The Pram Expedition, Nansen in the Frozen World. The plaintiff had no monopoly right to publish books about Nansen. It is not unfair competition to reprint uncopyrighted books4, nor to use a title which has been used before, if there is no de ception. Thus the publisher of Miss Braddon's novel, entitled Splendid Misery, did not infringe the right of Hazlewood's or Surr's previously printed novels with the same title.5 On the other hand, an injunction was earlier granted, at the request of one man who 'Walter v. Heard, 25 Sol. J. 742. 757.
- E. g., The Webster Dictionary cases.
'Harper v. Lare, 66 Fed. 481; 93 Fed. 989; 103 Fed. 203. 4Sheldon r. Houghton, Fed. Cas. 12, 748. "Dicks v. Yates, 18 Ch. D. 76. 4VeIdon v. Dicks, ю Ch. D. 247. Plaintiff's novel was out of print.
647
wrote a novel, entitled Trial and Triumph*, against another who published one with the same name. The chief question is the deceptiveness of defendant's action, and where there is no deceptiveness there is no remedy. So the Little Red Book, describing a medicine, is not infringed by the Red and White Book', describing a similar medicine, nor does Charles Eustace Merriman's Letters of a Son to His Self-made Father infringe the rights of George Horace Lorimer's Letters of a Sclftaadc Merchant to liis Sons. In New York it was held that the use of the figure of Sleuth (a detective), on a design changed in the frontispiece of each book can not be a trademark. A lower court held that City Sleuth, California Sleuth, and Si lent Sleuth should be restrained as infringing Old Sleuth, but the Court of Appeals, in an other case, said that Sleuth and Young Sleuth did not infringe Old Sleuth." Deceptiveness and fraud lead to restraint, so the publishers10 of the Official Guide, European Edition, to the World's Columbian Exposition had injunction against another publication called Official Directory or Guide to the World1s Columbian Exposition. Bcatty's New and Improved Headline Copy books11 were restrained at the suit of the owners of Beatty's Headline Copy-books, though the books were dissimilar in appear ance, and Beatty himself prepared the for mer, as well as the latter. The court said that the name was more important, in case 'Talcott v. Moore, 6 Hun. 106. "Lorimer v. Herald, 63 Pub. Wkly. 1387. 'Munro r. Touscy, i_>9 N. Y. 38; Munro v. Beadle, 46 Off. Gaz. 448; 55 Hun. 312; Munro •u. Smith, 55 Hun. 419. "Renter г: Int. Guide, 94 L. T. Jour. 437. 460. The Good Things of Life was infringed by The Spice of Life, both books being collections of jokes from the magazine of that name. Stokes v. Allen, 2 N. Y. Supp. 643. "Canada Pub. Co. v. Gage, 11 Can. S. C. R. 306: appeal fr. n Ont. A. R. 402. So Social Register was protected as applied to a list of persons selected at will by the compiler, "because of" personal social standing. Social Register Co. v. Howard, 67 Off Gaz. 1448.
