
    Humphreys’ Homeopathic Medicine Co. v. Armstrong.
    
      (Circuit Court, S. D. New York.
    
    February 22, 1887.)
    COFYRKHIT — INFRINGEMENT—PRELIMINARY INJUNCTION — EVIDENCE.
    On a motion for a preliminary injunction to restrain an infringement of a copyright, when plaintiff has shown a copyright of a book, and a copy of a book having the same title, and has shown that defendant is publishing a book containing extracts from it, but has failed to show that the copy shown is a copy of the book copyrighted, and defendant denies that it is, held, that there is no ground for a preliminary injunction.
    In Equity.
    
      B. P. Ryan, for plaintiff.
    
      Thomas Winsor, for defendant.
   Wheeler, J.

This is a motion for a preliminary injunction to restrain an alleged infringement of a copyright. The plaintiff has shown a copyright of a book, and shown a copy of a book having the same title, and shown that the defendant is publishing a book containing extracts from it. 'But the plaintiff has not in any manner shown that the copy shown is a copy of the book which was copyrighted, and the defendant denies that it is. The plaintiff has therefore failed to show any ground for a preliminary injunction. Motion denied.  