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E. MISHAN & SONS, INC. v. MARYCANA, INC.

No. 85 Civ. 7429 (PNL).

662 F.Supp. 1339 (1987)

E. MISHAN & SONS, INC., Plaintiff, v. MARYCANA, INC., and Mary Sullivan, Defendants, and Edward I. Mishan, Additional Defendant on the Counterclaim.

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

June 10, 1987.

Attorney(s) appearing for the Case

Wyatt, Gerber, Shoup, Scobey & Badie, New York City (Gerard F. Dunne, Bruce N. Proctor, of counsel), for plaintiff.

Parker Auspitz Neesemann & Delehanty, New York City (Kim J. Landsman, of counsel), for defendants.

OPINION AND ORDER

LEVAL, District Judge.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

This is an action arising under the copyright laws of the United States, the principal questions at issue being whether Marycana, Inc., formerly Mary's Magnets Inc. (hereafter "Mary's"), owns a valid copyright in a calico and eyelet bordered kitchen magnet, and if so, whether its copyright was violated by plaintiff E. Mishan & Sons Inc. ("Mishan") by Mishan's distribution...

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