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STERN ELECTRONICS, INC. v. KAUFMAN

No. 1674, Docket 81-7411.

669 F.2d 852 (1982)

STERN ELECTRONICS, INC., Plaintiff-Appellee, v. Harold KAUFMAN d/b/a Bay Coin, et al., Defendants, and Omni Video Games, Inc., et al., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 20, 1982.

Attorney(s) appearing for the Case

Robert Wieck, Providence, R.I. (Adler, Pollock & Sheehan, Inc., Providence, R.I., and Schulte, Roth & Zabel, New York City, on the brief), for defendants-appellants.

George H. Gerstman, Chicago, Ill. (Pigott, Gerstman & Ellis, Ltd., Chicago, Ill., Steven B. Pokotilow, Randy Lipsitz, and Blum, Kaplan, Friedman, Silberman & Beran, New York City, on the brief), for plaintiff-appellee.

Before VAN GRAAFEILAND and NEWMAN, Circuit Judges, and DUMBAULD, District Judge.

NEWMAN, Circuit Judge:

This appeal from the grant of a preliminary injunction concerns primarily the availability of copyright protection for the visual images electronically displayed by a coin-operated video game of the sort currently enjoying widespread popularity throughout the country. Omni Video Games, Inc., its distributor, and two of its officers appeal from an order entered May 22, 1981 in the District Court for the Eastern District of New York (Eugene H...

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