478 F.2d 764 (8th Cir. 1973), 72-1463, Donald v. Uarco Business Forms

Docket Nº:72-1463.
Citation:478 F.2d 764, 176 U.S.P.Q. 513
Party Name:O. W. DONALD, Plaintiff-Appellant, v. UARCO BUSINESS FORMS, Defendant-Appellee.
Case Date:January 30, 1973
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit

Page 764

478 F.2d 764 (8th Cir. 1973)

176 U.S.P.Q. 513

O. W. DONALD, Plaintiff-Appellant,


UARCO BUSINESS FORMS, Defendant-Appellee.

No. 72-1463.

United States Court of Appeals, Eighth Circuit.

January 30, 1973

Page 765

Roy Gean, Jr., Fort Smith, Ark., for plaintiff-appellant.

Hofgren, Wegner, Allen, Stellman & McCord, Chicago, Ill., and P. D. Hardin, Fort Smith, Ark., for defendant-appellee.

Before HEANEY, BRIGHT and ROSS, Circuit Judges.


This is an appeal from an order granting the appellee's motion for judgment notwithstanding the verdict, D.C., 344 F.Supp. 338. The order followed a jury award of $7,000 to the appellant and against the appellee for copyright infringement.

The appellant obtained a copyright upon the following wording:


"I hereby acknowledge receipt of the above described merchandise, with itemized repairs completed thereto. I promise to pay to the servicer, or order, in full, the amount listed as 'total', on, or before the date listed as 'terms'. Title to said chattel, described hereon by model, make, and serial number, is hereby transferred to the servicer, for service, and or, materials used to repair said chattel. I offer this chattel in lieu of cash for services rendered, and agree not to misuse, secrete, sell, encumber, remove, or otherwise dispose of, or lose possession of said chattel, nor permit nor suffer any lien, encumbrance or charge against said chattel. There is no outstanding indebtedness, lien, mortgage, or other encumbrance against said chattel. I agree that should I fail to pay this indebtedness when due, or breach this contract, the entire unpaid balance shall at once become due and payable, and servicer may without notice, or demand, by law or otherwise, take possession of said chattel wherever located and retain all monies paid thereon for use of said chattel."

This wording was included on a form used by repair service companies. The copyright notice was printed at the bottom of each form.

The appellant sold a set of these forms to Jensen's T.V. & Appliance Store, a repair service company in Preston, Idaho. When Jensen's used the last of appellant's forms, it asked the appellee to print up a set of forms identical to appellant's forms. The appellee did so with a single modification- viz., the notice of appellant's copyright was omitted. The appellant discovered the...

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