^*  Dnmv.KirkLaS/wllriUnO),  (1906),     147    ImvI.     (C.    C.    A.)

175  Fed.  (C.  C.  A.)  902;  Calla-  515.
FINAL   HEARING


Ol.')


The  maxim  that  eciuity  will  not  aid  a  coniplaiiiuiit
who  comes  into  court  with  unclean  hands  applies  as  well
in   an   action   brought   for   infringement   of   copyright. ''-'


*^  Harms  v.  Stern  (1010),  2;U
Fed.  (C.  C.  A.)  645.  Vacating
former  order  of  the  Circuit  Court
of  Appeals  reported  in  229  Fed.
42  and  uflinninp;  order  of  District
Court  reported  in  222  Fed.  ')Hl.
A  contract  wivs  made  between
defendants  Harms  and  one  Rom-
hQTg  whereby  Rondierg  agreed  to
assign  to  Harms  all  musical  com-
positions which  he  would  write
for  a  specified  number  of  years.
Romberg  sold  one  of  his  musical
compositions,  written  during  the
period  of  the  (Contract,  to  the  com-
plainant Stern,  who  copyrighted
the  song.  Defendants  Harms
published  the  song  and  this  action
wa.s  brought  for  infringement  of
Stern's  copyright.  Relief  Wivs  de-
nied to  Stern  upon  the  ground
that  they  as  assignees  of  Romberg
stood  in  his  shoes  and  tliat  he,
having  been  guilty  of  ini(iuitous
conduct  would  not  be  aided  by  a
court  of  ecjuity;  that  the  fact  that
an  injunction  was  ivsked  for  to
protect  a  copyright  did  not  take
the  caijie  out  of  the  general  i)rin-
ciple  that  a  complainant  was  rc-
(luired  to  come  into  equity  with
clean  hands.
