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ESQUIRE, INC. v. RINGER

No. 76-1732.

591 F.2d 796 (1978)

ESQUIRE, INC. v. Barbara A. RINGER, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided August 14, 1978.

As Amended September 22, 1978.

Attorney(s) appearing for the Case

Donald Etra, Washington, D. C., with whom Earl J. Silbert, U. S. Atty., Irving Jaffe, Acting Asst. Atty. Gen., William Kanter, Atty., Dept. of Justice, Washington, D. C., was on the brief for appellant.

Charles L. Rowe, Chicago, Ill., with whom George A. Arkwright, Arlington, Va., was on the brief for appellee.

Before BAZELON, LEVENTHAL and ROBINSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge BAZELON.

Concurring opinion filed by Circuit Judge LEVENTHAL.

BAZELON, Circuit Judge:

This case presents the question whether the overall shape of certain outdoor lighting fixtures is eligible for copyright as a "work of art." The Register of Copyrights determined that the overall shape or configuration of such articles is not copyrightable. The district court disagreed, and issued a writ of mandamus directing...

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