350 F.Supp. 1332 (E.D.N.C. 1971), Civ. 890, Champion Map Corp. v. Twin Printing Co.

Docket Nº:Civ. 890
Citation:350 F.Supp. 1332
Party Name:Champion Map Corp. v. Twin Printing Co.
Case Date:October 15, 1971
Court:United States District Courts, 4th Circuit, Eastern District of North Carolina
 
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Page 1332

350 F.Supp. 1332 (E.D.N.C. 1971)

CHAMPION MAP CORPORATION, Plaintiff,

v.

TWIN PRINTING COMPANY et al., Defendants.

Civ. No. 890.

United States District Court, E.D. North Carolina

Oct. 15, 1971

Page 1333

Channing L. Richards, Francis M. Pinckney, Richards & Shefte, Charlotte, N. C., for plaintiff.

Clifton T. Hunt, Jr., John G. Mills, III, Hunt, Rhodes & Mills, Raleigh, N. C., J. William Anderson, Fayetteville, N. C., for defendants Ken Tart and Spring Lake Realty Co.

OPINION AND ORDER

DUPREE, District Judge.

This action is brought pursuant to Section 1 of the Copyright Act, 17 U.S.C. § 101, seeking an injunction restraining defendants from infringing certain copyrights and from distributing, selling, offering for sale, or otherwise disposing of copies of the infringing articles, payment of damages, and costs of the action with reasonable attorney's fees. The case is before the court on defendants Tart and Spring Lake Realty Company's motion to amend their answer and for judgment on the pleadings, and on plaintiff's motion for summary judgment.

In its complaint, filed September 15, 1969, plaintiff alleged that defendants infringed its copyrights by having printed and distributed to the public a map entitled "Fayetteville, Spring Lake and Cumberland County, North Carolina". In support of its motion for summary judgment, the plaintiff relies on the complaint and attached documentary exhibits 1 and 2, the answer, answers to interrogatories, and the affidavit of H. Cecil Porter with attached documentary exhibits 3 through 9. This material establishes the facts to be as follows:

On December 31, 1962, plaintiff obtained Copyright Registration No. F 33584 (Exhibit 4 attached to Porter affidavit) for a wall map entitled "Cumberland County, North Carolina", which included maps of Cumberland County, the City of Fayetteville, and the Spring Lake and Fort Bragg areas.

On November 12, 1964, plaintiff obtained Copyright Registration No. F 38063 (Exhibit 6 attached to Porter affidavit) for a wall map entitled "Cumberland County, North Carolina, including Fayetteville, Spring Lake, Fort Bragg and Hope Mills", which was a revised and updated version of the aforementioned 1962 copyrighted map, including additional original cartographic material.

On October 28, 1966, plaintiff obtained Copyright Registration No. F 42494 (Exhibit 8 attached to Porter affidavit) for a wall map entitled "Champion Map of Fayetteville and Cumberland County, N. C., including Hope Mills, Ft. Bragg and Spring Lake" (Exhibit 7 attached to Porter affidavit), which was a revised and updated version of the aforementioned 1964 copyrighted map, including additional original cartographic material.

Page 1334

In early 1967 the 1966 copyrighted wall map, Exhibit 7, was embodied in the form of a folding map that was almost identical to the Exhibit 7 wall map on a reduced scale and contained everything shown on the Exhibit 7 map with the exception of a few minor deletions. This Exhibit 9 folding map bears plaintiff's copyright notice and approximately 9,000 copies of this map were sold by the plaintiff.

In early 1968 defendant Tart, who is president of defendant Spring Lake Realty Company, took a map of the Fayetteville-Cumberland County area to defendant Twin Printing Company, Inc., and, upon instructions of defendant Tart, defendant Twin Printing Company, Inc., printed approximately 5,000 maps entitled "Fayetteville, Spring Lake and Cumberland County, North Carolina, Compliments of Spring Lake Realty Company", a copy of which is attached to the complaint as Exhibit 2. All 5,000 copies of these Exhibit 2 maps were distributed by defendants Tart and Spring Lake Realty Company from early 1968 to approximately March, 1969.

Defendants Tart and Spring Lake Realty Company have opposed the...

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