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L. BATLIN & SON, INC. v. SNYDER

No. 1249, Docket 75-7308.

536 F.2d 486 (1976)

L. BATLIN & SON, INC., Appellee, v. Jeffrey SNYDER d/b/a J. S. N. Y. and Etna Products Co., Inc., Appellants.

United States Court of Appeals, Second Circuit.

Decided April 12, 1976.

Attorney(s) appearing for the Case

Robert C. Faber, Stanley H. Lieberstein, Ostrolenk, Faber, Gerb & Soffen, New York City, for appellants.

Mark H. Sparrow, New York City (Jacobs & Jacobs, P. C., Albert L. Jacobs, Jr., New York City, of counsel), for appellee.

James E. Siegel, Myron Greenspan, Lackenbach, Lilling & Siegel, New York City, for E. Mishan & Sons, Inc., amicus curiae.

Before KAUFMAN, Chief Judge, and FEINBERG, MANSFIELD, MULLIGAN, OAKES, TIMBERS, GURFEIN, VAN GRAAFEILAND, and MESKILL, Circuit Judges.

OAKES, Circuit Judge:

Appellants Jeffrey Snyder and Etna Products Co., Inc., his licensee, appeal from a preliminary injunction granted L. Batlin & Son, Inc. (Batlin), compelling appellants to cancel a recordation of a copyright with the United States Customs Service and restraining them from enforcing that copyright. The district court held, 394 F.Supp. 1389 (S.D.N.Y.1975), as it had previously in Etna Products Co. v....

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