F. W. WOOLWORTH CO. v. CONTEMPORARY ARTS

No. 4584.

193 F.2d 162 (1951)

F. W. WOOLWORTH CO. v. CONTEMPORARY ARTS, Inc.

United States Court of Appeals First Circuit.

December 26, 1951.


Attorney(s) appearing for the Case

Kenneth W. Greenawalt, New York City, (Clarence A. Barnes, Boston, Mass., Martin A. Schenck, New York City, Barnes, Makrauer & Smerdon, Boston, Mass., and Davies, Hardy, Schenck & Soons, New York City, on brief), for appellant.

Cedric W. Porter, Boston, Mass., (Harry F. R. Dolan and Heard, Smith, Porter & Chittick, all of Boston, Mass., on brief), for appellee.


WOODBURY, Circuit Judge.

This is an appeal from a judgment for the plaintiff in a suit for infringement of copyright.

In 1942 Elizabeth Philbrick, now Mrs. Glenn C. Hall, using the professional name of "Jan Allen," applied for and received a certificate of copyright registration for a sculptured work of art entitled "Cocker-spaniel in show position." The certificate gives the date of publication as March 26, 1942; the date when copies were received as March...

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