Hills & Co., Ltd. v. Hoover, 220 U.S. 329 (1911)

Hills & Company, Limited v. Hoover

No. 101

Argued March 15, 16, 1911
Decided April 3, 1911
220 U.S. 329

CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS

FOR THE THIRD CIRCUIT

Syllabus

The copyright statutes of the United States afford all the relief to which a party is entitled, and no action outside of those provided therein will lie. Globe Newspaper Co. v. Walker, 210 U.S. 356.

Section 914, Rev.Stat., was not intended to require the adoption of the state practice where it would be inconsistent with the terms or defeat the purposes of the legislation of Congress, and state statutes which defeat or encumber the administration of the law under federal statutes are not required to be followed in the federal courts. Mexican Central R. Co. v. Pinkney, 149 U.S. 207.

Questions of the character propounded in this case must be answered in reference to the actual case. Columbus Watch Co. v. Robbins, 148 U.S. 266.

In a Circuit Court of the United States within the State of Pennsylvania, the owner of a copyright for an engraving is restricted to a single action to find and seize the copies alleged to infringe and likewise to recover the money penalty therefor.

In a circuit court of the United States within the State of Pennsylvania, the institution by the owner of a copyright for engravings of an action for replevin for recovery of the copies alleged to infringe, not prosecuted to judgment, precludes such copyright owner from subsequently bringing and maintaining an action of assumpsit to recover the pecuniary penalty for the copies found and seized under the writ of replevin, and which were delivered to plaintiff.

The facts, which involve the construction of the federal copyright statutes, are stated in the opinion.