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INT. TRADE MANAGEMENT, INC. v. UNITED STATES

No. 426-82C.

553 F.Supp. 402 (1982)

INTERNATIONAL TRADE MANAGEMENT, INC. et al., Plaintiffs, v. The UNITED STATES, Defendant.

United States Claims Court.

December 17, 1982.

Attorney(s) appearing for the Case

A. Paul Britton, Harter, Secrest & Emery, Rochester, N.Y., for plaintiffs.

Thomas J. Byrnes, with whom was Asst. Atty. Gen., J. Paul McGrath, Washington, D.C., for defendant.

ORDER

KOZINSKI, Chief Judge.

Plaintiffs brought this action pursuant to 28 U.S.C. § 1498(b) alleging that the Small Business Administration infringed their copyright. Defendant moved to dismiss because plaintiffs had failed to comply with 17 U.S.C. § 411(a) which provides as follows:

[N]o action for infringement of the copyright in any work shall be instituted until registration of the copyright claim has been made in accordance with this...

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