In a suit to restrain the sale of pirated copies of a print, where the answer did not suggest that the prints complained of were not pirated copies, a decree was made, under the particular circumstances, though the prints, which had been exhibited to the witness who proved the offence, were not produced at the hearing.
Where the Plaintiff is entitled to have the injunction made perpetual, the Defendant will have to pay the costs of the suit, however trivial the subject-matter of the suit may be, if he did not, after the injunction was granted, tender the costs up to that time.
Citations:
[1831] EngR 410, (1831) 2 Russ and My 247, (1831) 39 ER 388
Links:
Intellectual Property
Updated: 18 May 2022; Ref: scu.320288