Trowler

Trowler v. Phillips

Good Law
260 F.2d 924·1 Fed. R. Serv. 2d 846
United States Court of Appeals for the Ninth CircuitSeptember 29, 1958No. 15923California1,092 words

Opinion

Lead Opinion

Trowler is a map maker. He has received certificates of copyright under the copyright laws of the United States for maps entitled “Hesperia” (a local area being rapidly developed in San Bernar-dino County, California) and “Antelope Valley, Portion of Kern County-San Bernardino County.”

In the district court four separate complaints were filed by Trowler against different groups of defendants who have printed, published or circulated maps without his leave. The maps are substantially similar to his maps. 2 How similar, we do not decide. His complaint No. 179 alleges infringement of his Antelope Valley map by Fred W. Austin and others doing business as Industrial Lithographers. Action No. 211 was brought against a limited partnership known as Western Woods of Hesperia. (It has one general and ten limited partners.) Action No. 219 was against the partnership of Harwick, Kagan and Brant and No. 211 was against “M. Penn Phillips, and M. Penn Phillips, doing business as M. Penn Phillips Associates” (sic). In Nos. 211, 219 and 221 infringement of Trowler’s map or maps of Hesperia was claimed. The defendants concerned with the Hesperia maps will be hereinafter referred to as the…

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