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CYNTHIA DESIGNS, INC. v. ROBERT ZENTALL, INC.

Nos. 76 Civ. 1170-LFM, 76 Civ. 1171-LFM.

416 F.Supp. 510 (1976)

CYNTHIA DESIGNS, INC., Plaintiff, v. ROBERT ZENTALL, INC., Defendant. CYNTHIA DESIGNS, INC., Plaintiff, v. SJM JEWELRY CORP., d/b/a Jewelart, Defendant.

United States District Court, S. D. New York.

June 18, 1976.

Attorney(s) appearing for the Case

Hubbell, Cohen, Stiefel & Gross by Sheldon Palmer, New York City, for plaintiff.

Herzfeld & Rubin, P. C. by Herbert Rubin, New York City, for Robert Zentall, Inc.

Friedlander, Gaines, Cohen, Rosenthal & Rosenberg by Martin J. Hertz, New York City, for SJM Jewelry Corp.

OPINION

MacMAHON, District Judge.

Plaintiff Cynthia Designs, Inc. ("Cynthia") moves for a preliminary injunction, pursuant to 17 U.S.C. §§ 101, 112 and Rule 65(a), Fed.R.Civ.P., in these two actions for copyright infringement. Defendant Robert Zentall, Inc. ("Zentall") cross-moves in 76 Civ. 1170 ("the Zentall action") for summary judgment dismissing the complaint, pursuant to Rule 56, Fed.R.Civ.P.

Cynthia is the designer and manufacturer...

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