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TED ARNOLD LTD. v. SILVERCRAFT CO.

No. 66 Civ. 2717.

259 F.Supp. 733 (1966)

TED ARNOLD LTD., Plaintiff, v. SILVERCRAFT CO., Inc., Defendant.

United States District Court S. D. New York.

September 26, 1966.

Attorney(s) appearing for the Case

Kirschstein, Kirschstein & Ottinger, New York City, for plaintiff (David B. Kirschstein and George Gottlieb, New York City, of counsel).

Segal & Dorris, Flushing, N. Y., for defendant (Howard S. Dorris, Flushing, N. Y., of counsel).

OPINION

MacMAHON, District Judge.

Plaintiff, a manufacturer of gifts and novelties, owns a "works of art"1 copyright on a simulation of an antique telephone which it uses as a casing for a pencil sharpener. It has been making and distributing its telephone sharpener since February 1965. It seeks a preliminary injunction restraining defendant from selling a substantially similar product. Defendant, an importer and distributor...

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