Chamberlin

This action is brought by the plaintiffs to obtain an injunction and for damages. It is charged in the bill of complaint that the defendant has infringed the rights of the plaintiffs secured to them under a copyright protecting a map drawing illustrating a plat of the city of Fresno. There were in fact two maps made by the plaintiffs, both of which were prepared early in the year 1924 — in February and March, respectively — and copyright registration of both was had at about the same time.

Defendant corporation is engaged in the truck and storage business, and in connection with its advertising matter publishes maps of cities. > In the year 1922 such a map of the city of Fresno was made and issued by the defendant for free distribution with advertising matter attached, and in the year 1926 another map of like kind was made and distributed. The 1922 map of the defendant was similar in form to one of those made at the later date by the plaintiffs. Plaintiffs’ maps were not of distinctive or unusual character. They delineated streets, blocks, and permanent objects in the ordinary way by commonly used means. In fact, in kind they were such maps as would be produced by any eivil…