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BOUCHER v. DU BOYES, INC.

No. 246, Docket 24582.

253 F.2d 948 (1958)

Marcel BOUCHER d/b/a Boucher, and Marcel Boucher and Jeanne Boucher d/b/a Marcel Boucher et Cie., Plaintiffs-Appellees, v. DU BOYES, Inc., Arke, Inc., Capri Jewelry, Inc., Jules Steinberg, Morris Kimmelman, Hyman Slovitt, Abraham J. Slovitt and Samuel Friedman d/b/a B. Steinberg-Kaslo Company (sued as Jules Steinberg and I. Slovitz d/b/a B. Steinberg-Kaslo Company), Volupte, Inc., and Walter Heimler, Inc., Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided April 7, 1958.

Attorney(s) appearing for the Case

Forsythe, McGovern & Fetzer, New York City (Thomas A. McGovern, Burton L. Knapp, New York City, of counsel), for plaintiffs-appellees.

Maxwell E. Sparrow, New York City, for defendants-appellants.

Before CLARK, Chief Judge, HINCKS, Circuit Judge, and BRENNAN, District Judge.

PER CURIAM.

It is not seriously disputed that defendants manufactured and sold carbon copies of certain items of costume jewelry which had been registered in accordance with the Copyright Act as works of art.

The defendants' contentions upon this appeal are addressed to the technical requirements of the provisions of the Act, together with a claim that the items in question, designed and manufactured by the plaintiffs are not copyrightable subject matter and...

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