Hub Floral Corporation v. Royal Brass Corporation and Jacob Weinberg, and Ets Tissot & Cie

MANSFIELD, Circuit Judge:

In this action for infringement of an unpublished copyrighted work of art known as an “Octagonal Planter” pursuant to § 12 of the United States Copyright Act (“the Act”), 17 U.S.C. § 12, the district court granted partial summary judgment in favor of defendants, dismissing certain claims of the complaint on the ground that plaintiff, Hub Floral Corporation (“Hub”) had failed to comply with § 13 of the Act, 17 U.S. C. § 13 (requiring deposit of copies of a work and registration with the Register of Copyrights where there has been a publication). Pursuant to Rule 54(b),…