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Form 17. Complaint for
Infringement of Copyright and Unfair
Competition
1. Allegation of jurisdiction.
2. Prior to March, 1936, plaintiff, who then was and ever since
has been a citizen of the United States, created and wrote an
original book, entitled .
3. This book contains a large amount of material wholly original
with plaintiff and is copyrightable subject matter under the laws
of the United States.
4. Between March 2, 1936, and March 10, 1936, plaintiff complied
in all respects with the Act of (give citation) and all other laws
governing copyright, and secured the exclusive rights and privileges
in and to the copyright of said book, and received from the
102 Form 17 FEDERAL RULES OF CIVIL PROCEDURE
Register of Copyrights a certificate of registration, dated and
identified as follows: ‘‘March 10, 1936, Class , No.
.’’
5. Since March 10, 1936, said book has been published by plaintiff
and all copies of it made by plaintiff or under his authority or
license
have been printed, bound, and published in strict conformity
with the provisions of the Act of and all other
laws governing copyright.
6. Since March 10, 1936, plaintiff has been and still is the sole
proprietor of all rights, title, and interest in and to the
copyright
in said book.
7. After March 10, 1936, defendant infringed said copyright by
publishing and placing upon the market a book entitled
, which was copied largely from
plaintiff’s copyrighted book, entitled .
8. A copy of plaintiff’s copyrighted book is hereto attached as
‘‘Exhibit 1’’; and a copy of defendant’s infringing book is hereto
attached as ‘‘Exhibit 2.’’
9. Plaintiff has notified defendant that defendant has infringed
the copyright of plaintiff, and defendant has continued to infringe
the copyright.
10. After March 10, 1936, and continuously since about
, defendant has been publishing, selling and otherwise
marketing the book entitled , and has thereby
been engaging in unfair trade practices and unfair competition
against plaintiff to plaintiff’s irreparable damage.
Wherefore plaintiff demands:
(1) That defendant, his agents, and servants be enjoined during
the pendency of this action and permanently from infringing said
copyright of said plaintiff in any manner, and from publishing,
selling, marketing or otherwise disposing of any copies of the
book entitled .
(2) That defendant be required to pay to plaintiff such damages
as plaintiff has sustained in consequence of defendant’s
infringement
of said copyright and said unfair trade practices and unfair
competition and to account for
(a) all gains, profits and advantages derived by defendant by said
trade practices and unfair competition and
(b) all gains, profits, and advantages derived by defendant by his
infringement of plaintiff’s copyright or such damages as to the
court shall appear proper within the provisions of the copyright
statutes, but not less than two hundred and fifty dollars.
(3) That defendant be required to deliver up to be impounded
during the pendency of this action all copies of said book entitled
in his possession or under his control and to
deliver up for destruction all infringing copies and all plates,
molds, and other matter for making such infringing copies.
(4) That defendant pay to plaintiff the costs of this action and
reasonable attorney’s fees to be allowed to the plaintiff by the
court.
(5) That plaintiff have such other and further relief as is just.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948.)
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