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TRIFARI, KRUSSMAN & FISHEL, INC. v. CHAREL CO.

134 F.Supp. 551 (1955)

TRIFARI, KRUSSMAN & FISHEL, Inc., Plaintiff, v. CHAREL CO., Inc. and Charel Jewelry Co., Inc., Defendants.

United States District Court S. D. New York.

September 28, 1955.

Attorney(s) appearing for the Case

Sullivan, Donovan, Hanrahan, McGovern & Lane, William H. Coogan, Pennie, Edmonds, Morton, Barrows & Taylor, New York City, Thomas F. Reddy, Jr., New York City, of counsel, for plaintiff.

Harry Price, New York City, for defendants.

BICKS, District Judge.

Plaintiff, owner of a copyright in an article of costume jewelry, moves for a preliminary injunction to restrain an alleged infringement thereof. Plagiarism as well as validity of the copyright are stoutly denied. The grounds of invalidity alleged are threefold, viz.: ineligibility of costume jewelry generally for copyright protection, lack of originality and inadequacy of notice of the copyright.

Characterizing plaintiff's product disparagingly...

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