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ALART ASSOCIATES, INC. v. APTAKER

No. 66 Civ. 4546.

279 F.Supp. 268 (1968)

ALART ASSOCIATES, INC., Plaintiff and Counterclaim Defendant, v. Cy APTAKER and Preview Distributors, Inc., Defendants, Counterclaimants and Third-Party Plaintiffs, v. Alvin G. BLUMBERG, Third-Party Defendant.

United States District Court S. D. New York.

January 15, 1968.

Attorney(s) appearing for the Case

March, Gillette & Wyatt, New York City, for plaintiff.

Julius E. Foster, New York City, for defendants.

MANSFIELD, District Judge.

In this action for copyright infringement, defendants move for summary judgment on the ground that the Certificate of Copyright Registration No. Gp52281 for the work in question, a pierced earring tree in the form of a sculpture of a flower, stem and leaves, was issued to "Alart, Inc.", a non-existent corporation, rather than to "Alart Associates, Inc.", a New York corporation named as plaintiff in the amended complaint. Omission of the...

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