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HART v. DAN CHASE TAXIDERMY SUPPLY CO., INC.

No. 93-CV-345.

967 F.Supp. 70 (1997)

Forest HART, Sculptor; Thomas Ray d/b/a Hartforms; Archie Phillips; Research Mannikins; Joseph M. Kish, formerly doing business as Rocky Mountain Forms; Jim Allred Taxidermy Supply; Foster Taxidermy Supply; Martin Industries; Matt Thompson Taxidermy and Supply Company; Precision Mannikins, Inc.; Joe Coombs Classics, Inc., Plaintiffs, v. DAN CHASE TAXIDERMY SUPPLY COMPANY, INC., Defendant.

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

June 30, 1997.

Attorney(s) appearing for the Case

Hancock & Estabrook, Syracuse, NY, for Plaintiffs; Michael Oropallo, of counsel.

Trapani & Molldrem, Syracuse, NY, for Defendant; Bernhard P. Molldrem, Lawrence P. Trapani, of counsel.

MEMORANDUM-DECISION AND ORDER

SCULLIN, District Judge.

Introduction

In the underlying action, Plaintiffs, who are various designers of taxidermy mannequins (hereinafter "forms" or "mounts"), brought an action against the Defendant alleging copyright infringement, Lanham Act violations, and various state law violations premised on allegations that Defendant copied Plaintiffs' animal taxidermy forms. This Court held an evidentiary hearing on May...

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