Herbert Rosenthal Jewelry Corporation v. Honora Jewelry Co, Inc.

The sole issue on this appeal is whether plaintiff-appellant’s copyright of a design for a gold jeweled pin in the shape of a turtle is infringed by a similar-appearing pin made and sold by defendants. We agree with the district court’s holding that it was not infringed and affirm its order granting summary judgment dismissing the complaint which sought damages, an accounting, injunctive and other relief.

On December 4, 1967, appellant, a designer and manufacturer of jewelry, act ing in apparent compliance with the copyright laws, 17 U.S.C. § 1, et seq., secured the issuance by the Register of…