E. Mishan & Sons, Inc. v. Marycana, Inc.

OPINION AND ORDER

LEVAL, District Judge.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

This is an action arising under the copyright laws of the United States, the principal questions at issue being whether Mary-cana, Inc., formerly Mary’s Magnets Inc. (hereafter “Mary’s”), owns a valid copyright in a calico and eyelet bordered kitchen magnet, and if so, whether its copyright was violated by plaintiff E. Mishan & Sons Inc. (“Mishan”) by Mishan’s distribution of similar kitchen magnets which were copied (with variations) from Mary’s. On the stipulation of the parties, trial was conducted on a submitted…