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L & L WHITE METAL CASTING CORP. v. JOSEPH

No. 71-C-1668.

387 F.Supp. 1349 (1975)

L & L WHITE METAL CASTING CORP., Plaintiff, v. Max JOSEPH, Individually and d.b.a. L & M Products Co., et al., Defendants.

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

January 15, 1975.

Attorney(s) appearing for the Case

Sparrow & Sparrow, Mark H. Sparrow, New York City, for plaintiff; Jacobs & Jacobs, P. C., New York City, of counsel.

Darby & Darby, New York City, for defendants Max Marcus, Aetna Casting Corp., M. MacKeller and King Kasters, Inc.; Michael J. Sweedler, New York City, of counsel.

Upham, Meeker & Weithorn, New York City, for defendants Ross Strober and Camelot Lighting Co., Inc.; Howard J. Zuckerman, New York City, of counsel.

Lifshutz & Kahn, New York City, for defendant Burt Tudor.

BARTELS, District Judge.

In this non-jury action plaintiff claims that eleven of the defendants' metal castings and twenty-four photographs of the plaintiff's products appearing in the defendants' trade catalog infringe plaintiff's copyrights in violation of Title 17 of the United States Code. In addition, the plaintiff charges unfair competition by reason of the defendants' use of the same photographs of the plaintiff's products in violation of 15 U.S.C. § 1125...

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