Dan Kasoff, Inc. v. Novelty Jewelry Co., Inc., Melba Jewels, Inc., and Henry Frankel

Although it might be thought that the invocation of the power of government to protect designs against infringement implied some merit other than a faint trace of “originality”, it is now settled beyond question that practically anything novel can be copyrighted. Mazer v. Stein, 347 U.S. 201, 74 S.Ct. 460, 98 L.Ed. 630 (1954); Rushton v. Vitale, 218 F.2d 434 (2d Cir.1955). “No matter how poor artistically the ‘author’s’ addition, it is enough if it be his own”. Alfred Bell & Co. v. Catalda Fine Arts, Inc., 191 F.2d 99, 103 (2d Cir.1951).

There can be no doubt that the copyright on plaintiff's…