Trifari, Krussman & Fishel, Inc. v. Charel Co.

BICKS, District Judge.

Plaintiff, owner of a copyright in an article of costume jewelry, moves for a preliminary injunction to restrain an alleged infringement thereof. Plagiarism as well as validity of the copyright are stoutly denied. The grounds of invalidity alleged are threefold, viz.: ineligibility of costume jewelry generally for copyright protection, lack of originality and inadequacy of notice of the copyright.

Characterizing plaintiff’s product disparagingly as “junk jewelry” defendant urges that it does not rise to the dignity of a “work of art.” In defining the scope of the term…