UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
April 17, 1964
HEDEMAN PRODUCTS CORP., Plaintiff,
TAP-RITE PRODUCTS CORP., Defendant
The opinion of the court was delivered by: WORTENDYKE
In this action the plaintiff seeks relief under 17 U.S.C. § 101 for alleged infringement of copyrighted portions of its merchandise catalogs by portions of catalogs of the defendant. Jurisdiction of the action is delegated to this Court by 28 U.S.C. § 1338(a).
Plaintiff's catalogs are entitled respectively 'V-1 A Handbook for the Beverage Industry' and 'X-1 A Handbook for the Bottler.' The two catalogs contain some identical material and those pages on which such material appears are numbered the same in both; the additional pages in X-1 (the later catalog) are not alleged to have been infringed. The defendant's catalogs are numbered 958 and 960 respectively.
More specifically, plaintiff originally charged that defendant's catalogs infringed the illustrations or capacity specifications (or both) printed on the following pages of plaintiff's catalogs: pages 53-7, 53-11, 62-7, 62-8, 62-9, 62-19 and 62e-80. In my opinion, dated August 1, 1962, denying defendant's motion to dismiss the complaint, I held that the defendant's catalogs had not infringed the capacity specifications on pages 62-7, 62-8 and 62-9 of plaintiff's catalogs. At the pretrial conference, the parties stipulated that pages 53-11 and 62e-80 were not in any way infringed by defendant's catalogs. Consequently, at the time of trial, plaintiff contended that the illustrations on the following pages of both of its catalogs were infringed by illustrations on the indicated pages of defendant's catalogs:
Plaintiff's catalogs: Defendant's catalogs:
V-1 and X-1 958 and 960
p. 53-7 (parts for Valcor valve) p. 41
p. 62-8 (coiled hose) p. 2 p. 5
p. 62-9 (coiled hose) p. 4
p. 62-9 (cut-back end of hose) p. 4
p. 62-19 (end of hose) p. 5
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