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GARDENIA FLOWERS, INC. v. JOSEPH MARKOVITS, INC.

No. 62 Civil 1713.

280 F.Supp. 776 (1968)

GARDENIA FLOWERS, INC., Plaintiff, v. JOSEPH MARKOVITS, INC., Defendant.

United States District Court S. D. New York.

February 26, 1968.

Attorney(s) appearing for the Case

Fink & Pavia, New York City, for plaintiff, Jerome Bauer, Mineola, N. Y., of counsel.

Julian T. Abeles, New York City, for defendant, John S. Clark, Robert C. Osterberg, New York City, of counsel.

OPINION, FINDINGS OF FACT AND CONCLUSIONS OF LAW

LEVET, District Judge.

Plaintiff, Gardenia Flowers, Inc. ("Gardenia"), alleges infringement of seven copyrighted artificial flower corsages and a claim of unfair competition.

Both liability and damages on the copyright infringement claim were submitted; on the unfair competition claim, liability was tried but any question of resulting damages thereon was reserved.

THE COMPLAINT

The...

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