UNEEDA DOLL CO. v. P & M DOLL CO.

No. 39, Docket 29735.

353 F.2d 788 (1965)

UNEEDA DOLL CO., Inc., Plaintiff-Appellant, v. P & M DOLL CO., Inc., Salvatore Paganello and Joseph Paganello, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided December 15, 1965.


Attorney(s) appearing for the Case

David B. Kirschstein, New York City (Kirschstein, Kirschstein & Ottinger, New York City, on the brief), for appellant.

Harry Price, New York City, for appellee.

Before LUMBARD, Chief Judge, and WATERMAN and HAYS, Circuit Judges.


PER CURIAM:

Plaintiff appeals from an order in an action for copyright infringement denying a preliminary injunction.

Appellant has copyrights on a doll with one arm around a red and white striped pole and on a display box for the doll. It claims that appellee is infringing appellant's copyrights by making and selling a doll in a display box with its arm around a red and white striped pole.

It is well settled that there can be no copyright on an "idea...

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