HERBERT ROSENTHAL JEWEL. CORP. v. HONORA J. CO., INC.

No. 214, Docket 74-1774.

509 F.2d 64 (1974)

HERBERT ROSENTHAL JEWELRY CORPORATION, Plaintiff-Appellant, v. HONORA JEWELRY CO, INC., et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 20, 1974.


Attorney(s) appearing for the Case

Charles Sonnenreich, New York City, for plaintiff-appellant.

Daniel A. Pollack, New York City (Martin I. Kaminsky, Neil D. Thompson, Pollack & Singer, New York City, of counsel), for defendants-appellees.

Before SMITH, HAYS and MANSFIELD, Circuit Judges.


PER CURIAM:

The sole issue on this appeal is whether plaintiff-appellant's copyright of a design for a gold jeweled pin in the shape of a turtle is infringed by a similar-appearing pin made and sold by defendants. We agree with the district court's holding that it was not infringed and affirm its order granting summary judgment dismissing the complaint which sought damages, an accounting, injunctive and other relief.

On December 4, 1967, appellant, a designer...

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