Davis

This is an action for infringement of a statutory copyright. Appellant, Cash Dividend Check Corporation, is the owner of a copyright as a “book,” which, inclusive of a check with other descriptive material, is entitled “Cash Dividend Cheek Pay to the Order of.” The Register of Copyrights issued his certificate of registration upon such “work,” dated and identified as follows: “February 15, 1934, Class AA 139152.”

The “work” for which appellant’s copyright was secured is for use in a method of doing business whereby savings stamps, so-called, supplied by appellant or its licensees are issued by* merchants to purchasers of goods who' thereafter affix to appellant’s work the requisite number of stamps specified on the check.

A photostatic exemplar of appellant’s work, inclusive of the check, is found on page 9 of the transcript of record.

The original feature of appellant’s plan is that it enables the holders of the stamps to convert them into cash, whereas most stamp plans require that the stamps be redeemed for merchandise. Upon the specified number of stamps being affixed to the check, it can be treated as would an ordinary bank check.

The appellees employ a similar stamp plan…