Business Law 4th Edition by David Twomey,Marianne Jennings

Exercise 5

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? [Herbert Rosenthal Jewelry Corp. v Kalpakian, 446 F2d 738 (9th Cir)]