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VACHERON & CONSTANTIN-LE COULTRE W. v. BENRUS W. CO.

No. 263, Docket 24934.

260 F.2d 637 (1958)

VACHERON & CONSTANTIN-LE COULTRE WATCHES, Inc., Appellant, v. BENRUS WATCH COMPANY, Inc., Appellee.

United States Court of Appeals Second Circuit.

Decided October 21, 1958.

Attorney(s) appearing for the Case

Stanton T. Lawrence, Jr., New York City, Pennie, Edmonds, Morton, Barrows & Taylor, W. Brown Morton, and Robert McKay, New York City, of counsel, for appellant.

Harold James, New York City, James & Franklin, New York City, of counsel, for appellee.

Before CLARK, Chief Judge, and HAND and LUMBARD, Circuit Judges.

HAND, Circuit Judge.

This appeal arises upon a complaint in two counts — one for the defendant's infringement of a registered copyright upon a wrist watch, and the other for infringement of Design Patent No. 178,091 upon the same watch. The complaint also contained a count for unfair competition which was dismissed, but from which the plaintiff has not appealed. The defendant moved to dismiss the copyright count because the watch was not copyrightable, and...

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