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BOUCHER v. DU BOYES, INC.

137 F.Supp. 639 (1955)

Marcel BOUCHER d/b/a Boucher, and Marcel Boucher and Jeanne Boucher d/b/a Marcel Boucher et cie., Plaintiffs, v. DU BOYES, Inc., Arke, Inc., Capri Jewelry, Inc., Sidney Lisner d/b/a D. Lisner & Company, Jules Steinberg and I. Slovitz d/b/a B. Steinberg-Kaslo Company, Volupte, Inc., and Walter Heimler, Inc., Defendants.

United States District Court S. D. New York.

December 21, 1955.

Attorney(s) appearing for the Case

Forsythe, McGovern & Fetzer, New York City, for plaintiffs. Burton L. Knapp, New York City, of counsel.

Morris Kirschstein, New York City, for defendant Arke, Inc. David B. Kirschstein, New York City, of counsel.

Maxwell E. Sparrow, New York City, for defendants, except Arke, Inc.

HERLANDS, District Judge.

Before me for decision are four separate motions arising out of an action brought for copyright infringement and unfair competition, 17 U.S.C.A. § 101. The subject matter of the litigation concerns jewelry designs of necklaces, bracelets, earrings and pins.

Plaintiffs allege in their complaint that defendants infringed upon plaintiffs' design copyrights which were duly registered and copyrighted. The seven defendants against...

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