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MERIT DIAMOND CORP. v. FREDERICK GOLDMAN, INC.

No. 05 Civ. 5164(VM).

376 F.Supp.2d 517 (2005)

MERIT DIAMOND CORPORATION, Plaintiff, v. FREDERICK GOLDMAN, INC., BJ's Wholesale Club, Inc. and Kohl's Corporation, Defendants.

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

July 13, 2005.

Attorney(s) appearing for the Case

David J. Molton, Brown Rudnick Berlack Israels LLP, New York City, for plaintiff.

Ira Stephen Sacks, Michael Douglas Pantalony, New York City, for defendants.

DECISION AND ORDER

MARRERO, Judge.

Plaintiff Merit Diamond Corporation ("Merit") alleges that Frederick Goldman, Inc. ("Goldman"), a jewelry manufacturer, as well as two retailers of products manufactured by Goldman, BJ's Wholesale Club ("BJ's") and Kohl's Corporation ("Kohl's") (collectively, "Defendants"), infringed Merit's copyright for a three-stone pendant design (the "Three Stones pendant"). Merit claims that two different pendants produced...

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