Charles Garnier, Paris v. Andin Intern., Inc.

OPINION AND ORDER

PETTINE, Senior District Judge.

This copyright infringement controversy is before me on the plaintiffs motion for preliminary injunction against the defendant, seeking to stop it from selling the alleged infringed product — a gold “Swirled Hoop Earring.”

Two issues must be resolved: a) did the plaintiff forfeit its copyright by not adding a copyright notice to copies of its earring; b) if the copyright was not forfeited, is the defendant’s affirmative defense of innocent infringement valid?

I

The plaintiff, Charles Gamier, Paris (“Gar-nier”), is a Paris, France based corporation…