The opinion of the court was delivered by: AVIS
Plaintiff brings its action for a penalty by reason of the fact that defendant is alleged to have improperly used a certain copyrighted article, or parts of it, belonging to plaintiff.
1. That plaintiff is the owner of copyrighted "Manual for Successful Drug Store Advertising and Merchandising, Vol. 134", bearing number Class AA No. 363318.
2. That plaintiff is the owner of copyrighted "Manual for Successful Drug Store Advertising and Merchandising, Vol. 138", bearing number Class AA No. 369910.
3. On October 13, 1939, defendant signed a contract with plaintiff to use its advertising material for a period of two years from December 1, 1939, at the price therein fixed for the principal sum of $520, payable in equal monthly payments.
4. Said contract would expire in December, 1941, and all of the consideration therein provided for was paid by defendant.
5. Accompanying the books and forms of advertising, plaintiff was to furnish and deliver to defendant certain matrices to be used in the making of forms for printing.
6. On April 2nd and 3rd, 1942, and on May 28th and 29th, 1942, an advertisement of defendant appeared and was printed in Atlantic City Press-Union, of Atlantic City, New Jersey, in which advertisement of defendant appeared some of the forms furnished by plaintiff.
7. The advertisement on April 2nd and 3rd, 1942, contained many or practically all of one of the advertisements so submitted and handed to defendant under the terms of his contract.
8. The other contained only the words:
which indicates that it was a copy of one of the ...