Herbert Rosenthal Jewelry Corp. v. Jerry J. Grossbardt and Stanley Schechter, Co-Partners, Trading as Honora Jewelry Co.

FRIENDLY, Circuit Judge:

For the second time this year the jewelry manufacturing firm of Grossbardt and Schechter is before us on a charge of infringing a copyright of Herbert Ros-enthal Jewelry Corporation. On the last occasion the copied article was a jewel-encrusted turtle pin, see Herbert Rosenthal Jewelry Corp. v. Grossbardt, 428 F.2d 551 (2 Cir. 1970); this time, it is a jeweled bee. Although the animals differ, the tune remains the same.

The “Writing," Art. I, § 8, cl. 8, for which plaintiff Rosenthal claims copyright protection is a diamond encrusted object in the form of a bee mounted…