Page:Federal Reporter, 1st Series, Volume 10.djvu/565

EHRET V. PIERCB. 653 �EhRET V. PlERCE. {Circuit Court, B. D. New York. July 28, 1880.) �1. Copyright. �An advertising card devised for the purpose of displaying paiuts of varions colora, consisting of a sheet of paper having attached thereto square bits of paper painted in various colora, each square having a different color, with some litliographic worli surrounding the squares advertising the sale ot the colors, is not the subject of a copyright. �2. Method. �The exclusive right to employ a particular method of advertising wares can- not be acquired under the copyright laws. �In Equity. �Erastus New, for.plaintiff. �Alfred B. Cruikshank, for defendant. �Benediot, D. J. This is a suit in equity, brought to restrain the defendant from publishing a certain form of advertising cards devised for the purpose of displaying paints of various colors, upon the ground that it infringes upon a copyright obtained in 1855 by one Thomas D. Morris, and thereafter assigned to the plaintiff. �The subject of the copyright upon which the plaintiff's right of action depends is designated, "A specimen pattern of Morris' tinted zinc paints. Card of outside colors. " Such is the title recorded. It consistsof a sheet of paper, having attached thereto 30 square bits of paper, painted in various colors, each square having a different color, and each being numbered. Surrounding these squares is lithographie work, oontaining, above the squares, the words: "Specimen pattern of Morris' tinted zinc paints. Eecommended to builders, arehitects, and painters for their stength, freshness of color, durability, and cheapness. Colors selected from this card by number will be war- ranted to correspond with the pattern. Prepared dry or ground in oil, and for sale by Thomas D. Morris, 18 School street, Boston. Card of outside colors." Below the squares are the words : "Morris." improved groundwork for all kinds of wood graining; also medium for oil and distemper graining, and decorative painting;" and on one side the words, "Also, Morris' unrivalled snow-white and No. 1 French zinc paints;" and on the other side the words, "Any color not on the card will be matched from sample and ground to order at short notice." �The first question that presents itself for determination is whether such a card as above described can be the subject of a copyright ��� �