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EARTH FLAG, LTD. v. ALAMO FLAG CO.

No. 00 CIV 3961 SAS.

154 F.Supp.2d 663 (2001)

EARTH FLAG LTD., a New York Corporation, Plaintiff, v. ALAMO FLAG COMPANY, Ebay, Inc., Mrcr Enterprises, Inc., Robert B. Goodspeed, Worldflags, Sharif Kesbeh, Robert P. Knerr d/b/a Walliphant, and John Does 5 through 10, Defendants.

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

July 17, 2001.

Attorney(s) appearing for the Case

Joseph O. Sullivan, Joseph O. Sullivan & Associates, Westwood, NJ, for Earth Flag Ltd.

H. Nicholas Goodman, Quirk & Bakalor, P.C., New York City, for Defendant Alamo Flag Co.

Harvey Shapiro, Sargoy Stein Rosen & Shapiro, New York City, for eBay.

OPINION AND ORDER

SCHEINDLIN, District Judge.

On May 24, 2000, plaintiff Earth Flag Ltd. ("EFL") filed suit against defendants Alamo Flag Company ("Alamo") and eBay, Inc. ("eBay") alleging copyright infringement of EFL's flag bearing a public domain photograph of Earth taken from outer space ("Earth Flag"). Specifically, EFL alleged that Alamo was selling flags that infringed on EFL's copyright in the Earth Flag at its retail stores, and eBay was...

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