Page:The copyright act, 1911, annotated.djvu/85

 Civil Remedies. "3

ordinary common law and equitable remedies of damages, § 6 (1). injunction, delivery up, and account of profits will attach for the preservation of that right (e).

This sub-section provides that, where there is an in- Meaning uf vasion of the right of property created by the statute, the "such reme- consequential relief shall be that which attaches by the j^^^ ^g rules of common law and equity to the invasion of any conferred other property of a like nature. bylaw."

These remedies are: —

(1) Injunction (the equivalent in Scotland being an Injunction, interdict).

An injunction is an equitable remedy. An injunction pending trial may be granted on motion where there is a strong prima facie case on affidavit evidence. An interim luterim. injunction will not, as a rule, be granted if there is a real issue to be tried on the facts, or even if there is a difficult and doubtful point of law to be decided (/). In doubtful cases weight will be given to the consideration as to which side is more likely to suffer from an erroneous deci- sion (g). An interim injunction may be refused on the ground that an oral licence to copy is alleged (A), or on the ground of an allegation by the defendant that the plaintiff has been guilty of copying from the defen- dant (i). An interim injunction w^ill not be granted if there has been any undue delay in bringing proceed- ings (/r). The granting of such an injunction is a .Judicial

discretion.

ie) Novelloy. SitdMv (1852), 19 C. B. 177 ; Cooper v. Whitihif/Jiam (1880), 15'Ch. D. 501.

(/) West Publishing Co. v. Thompson (1910), 176 Fed. Rep. 833 ; Benton v. Van Dyke (1909), 170 Fed. Rep. 253; Sweet v. Broinlei/ (1907), 154 Fed. Rep. 754; Aiiietican Mutoscope, ^-c. y. Edison (1905), 137 Fed. Rep. 262.

{g) M'Neill v. IViUiams (1847), 11 Jur. 344; Hogg v. Eirbg (1803), 8 Ves. 215; Maple \. Junior Army and Navy Stores (1882), 21 Ch. D. 369, 372.

(A) Eicordi v. Hammerstein (1907), 150 Fed. Rep. 450.

(i) Sweety. Bromley (1907), 154 Fed. Rep. 754.

{k) Sonthey v. Shertcood (1817), 2 Mer. 435; Piatt v. Bolton (1815), 19 Ves. 447; Saunders v. Smith (1838), 3 My. & C. 711 ; Leu-is v. Chapman (1840), 3 Beav. 133; Robinson v. Wilkins (1805), 8 Ves. 224, n. ; Bailyy. Taylor (1829), 1 Russ. & My. 73; Rundell v. Murray (1821), Jac. 311; Bu-tton v. James (1851), 5 De G. & Sm. 80 ; Werner v. Encyclopedia Bi'i- tannica (1905), 134 Fed. Rep. 831 ; Sweet v. Bromley (1907), 154 Fed. Rep. 754 ; Ricordi v. Hammerstein (1907), 150 Fed. Rep. 450 ; West Publishing Co. V. Thompson (1910), 176 Fed. Rep. 833.

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