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HUB FLORAL CORPORATION v. ROYAL BRASS CORPORATION

No. 394, Docket 71-1930.

454 F.2d 1226 (1972)

HUB FLORAL CORPORATION, Plaintiff-Appellant, v. ROYAL BRASS CORPORATION and Jacob Weinberg, Defendants-Appellees, and ETS Tissot & Cie, Defendant.

United States Court of Appeals, Second Circuit.

Decided January 24, 1972.

Attorney(s) appearing for the Case

Lawrence Dittelman, New York City (Weil, Gotshal & Manges; Michael K. Stanton, New York City, on the brief), for plaintiff-appellant.

Michael J. Striker, New York City, for defendants-appellees.

Before HAYS, MANSFIELD and TIMBERS, Circuit Judges.

MANSFIELD, Circuit Judge:

In this action for infringement of an unpublished copyrighted work of art known as an "Octagonal Planter" pursuant to § 12 of the United States Copyright Act ("the Act"), 17 U.S.C. § 12, the district court granted partial summary judgment in favor of defendants, dismissing certain claims of the complaint on the ground that plaintiff, Hub Floral Corporation ("Hub") had failed to comply with § 13 of the Act, 17 U.S.C. §...

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