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MODERN AIDS, INC. v. R. H. MACY & CO.

No. 175, Docket 25342.

264 F.2d 93 (1959)

MODERN AIDS, INC., Plaintiff-Appellee, v. R. H. MACY & CO., Inc., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided March 3, 1959.

Attorney(s) appearing for the Case

Thomas V. Kelly and Charles T. Stewart, New York City, for defendant-appellant.

Joseph Zalk, Zalk & Hayashi, New York City, for plaintiff-appellee.

Before HAND and WATERMAN, Circuit Judges, and BYERS, District Judge.

PER CURIAM.

The defendant appeals from an interlocutory order of Judge Palmieri, enjoining it from infringing the plaintiff's copyrighted advertisement of a mechanical massage machine, and from selling the machine or any machine "substantially similar" to that "exhibited to the court." So far as concerns the copyright, the order was plainly right. The plaintiff's advertisement was made up of pictures and script, and the infringement consisted of an obvious copy of...

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