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The plaintiff, Herbert Rosenthal Jewelry Corporation, and the defendant, Kalpakian, manufactured jewelry. The plaintiff obtained a copyright registration of a jeweled pin in the shape
The plaintiff, Herbert Rosenthal Jewelry Corporation, and the defendant, Kalpakian, manufactured
jewelry. The plaintiff obtained a copyright registration of a jeweled pin in the shape of a bee. Kalpakian
made a similar pin. Rosenthal sued Kalpakian for infringement of copyright registration. Kalpakian
raised the defense that he was only copying the idea, not the way the idea was expressed. Was he liable for
infringement of the plaintiff's copyright?
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