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FRISTOT v. FIRST AMERICAN NATURAL FERNS CO.

No. 66 Civ. 746.

251 F.Supp. 886 (1966)

A. J. FRISTOT and D. Arnold Associates, Inc., Plaintiffs, v. FIRST AMERICAN NATURAL FERNS COMPANY, a partnership composed of Samuel S. Berger, Gertrude Berger Lowell, Rose Berger Steindler and Anna Berger, and First American Artificial Flowers, Inc., Defendants.

United States District Court S. D. New York.

March 29, 1966.

Attorney(s) appearing for the Case

Kane, Dalsimer, Kane & Smith, New York City, for plaintiffs. Philip T. Dalsimer, David H. T. Kane, New York City, of counsel.

Irving Nitzberg, New York City, for defendants. Michael Nitsberg, New York City, of counsel.

FRANKEL, District Judge.

Suing under 17 U.S.C. § 101, with the court's jurisdiction rested upon 17 U.S.C. § 112 and 28 U.S.C. § 1338, plaintiffs have moved for a preliminary injunction against defendants' alleged infringement of a copyright on an "original work of art in the form of a sculptured representation of a Rhododendron flower." In addition to the copyrighted work, the allegedly infringing product, and affidavits, we have had the benefit of...

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