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MAG JEWELRY CO., INC. v. CHEROKEE, INC.

Nos. 06-1556, 06-2127.

496 F.3d 108 (2007)

MAG JEWELRY CO., INC., Plaintiff-Appellant/Cross-Appellee, v. CHEROKEE, INC.; Target Corporation, d/b/a Target Stores; Style Accessories, Inc., Defendants-Appellees/Cross-Appellants, Robert Margolis, Defendant/Cross-Appellant.

United States Court of Appeals, First Circuit.

Decided August 8, 2007.

Attorney(s) appearing for the Case

Robert W. Clarida, with whom Thomas A. Tarro, III, Kris Macaruso Marotti, Cowan, Liebowitz & Latman, P.C., and The Law Firm of Thomas A. Tarro, III, were on brief, for appellant/cross-appellee.

Thomas R. Noel, with whom John R. Harrington and Noel & Gyorgy LLP, were on brief, for appellee/cross-appellant Style Accessories, Inc.

Craig M. Scott, with whom Christine K. Bush and Duffy Sweeney & Scott, Ltd., were on brief for appellees/cross-appellants Cherokee, Inc., Target Corporation and Robert Margolis.

Before TORUELLA, Circuit Judge, GIBSON, Senior Circuit Judge, and LIPEZ, Circuit Judge.

LIPEZ, Circuit Judge.

In December 2001, plaintiff Mag Jewelry Company ("Mag") purchased some costume jewelry at a Target store in Rhode Island. The necklaces, whose pendants were comprised of four crystal stones in the shape of an angel, were of interest to Mag because it holds a copyright on that "crystal angel" design, and Target was not one of Mag's customers. Mag subsequently filed this copyright infringement action against Target Corporation and its supplier...

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