LIN-BROOK BUILDERS HARDWARE v. GERTLER

No. 19883.

352 F.2d 298 (1965)

LIN-BROOK BUILDERS HARDWARE, Appellant, v. Evelyn GERTLER and Irving Gertler, individually, and dba All-American Home Center, Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied December 20, 1965.


Attorney(s) appearing for the Case

Lee Landrum, Greenwald, Landrum & Baim, Los Angeles, Cal., for appellant.

L. E. McManus, Dowey, Cal., for appellees.

Before KOELSCH and ELY, Circuit Judges, and BEEKS, District Judge.


BEEKS, District Judge.

Appellant is engaged in the business of retailing hardware and other goods in Anaheim, California. To advertise its establishment appellant has been publishing illustrated catalogues of its merchandise since 1957. Many of the illustrations were drawn by a commercial artist, H. L. Baxter, whom appellant employed as an independent contractor. Beginning in 1961 appellant made it a practice to copyright the catalogues by placing the words "Copyright...

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