JOHN L. PERRY STUDIO, INC. v. WERNICK

Nos. 76-2679, 76-2694.

597 F.2d 1308 (1979)

JOHN L. PERRY STUDIO, INC., John L. Perry, Plaintiffs-Appellants, v. Marvin WERNICK, Marvin Wernick Co., Theodore Williams, Star Crest of California, Ruth Sloan Co., Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

June 4, 1979.


Attorney(s) appearing for the Case

Luis Carlos De Castro, Troy & Malin, Los Angeles, Cal., for plaintiffs-appellants.

George C. Halversen, Los Angeles, Cal., for defendants-appellees.

Before ELY and TRASK, Circuit Judges, and SOLOMON, District Judge.


ELY, Circuit Judge:

Appellants, John L. Perry and John L. Perry Studio, Inc., appeal from a judgment of the District Court following a trial without jury, which held that the manufacture and distribution by the appellees of certain seagull sculptures did not infringe upon appellants' copyrighted seagull creations nor constitute unfair competition with the appellants. We affirm.

Both the copyrighted Perry sculptures1 and the alleged...

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