Tabberone is pronounced tab ber won not tay ber own

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CM Paula v Logan, 355 F.Supp. 189 (ND TX 1973) Paula Company, is an Ohio Corporation "engaged in the business of creating, producing and marketing a wide and diverse line of products, including greeting cards, post cards, stationery, note pads, motto cards, plaques, posters, statuettes, candles, and sundry gift items, all of which embody original art work, designs and text material . . ." In its complaint, plaintiff alleged that the defendant, L. Gene Logan, has been in the past, and was presently infringing on copyrights that plaintiff has in various pictorial art works imprinted on stationery and greeting cards created, published, and marketed by the Paula Company. The allegations of copyright infringement are directed at defendant's transferral of various copyright designs from Paula Company greeting cards and note pads to ceramic plaques produced and sold by defendant. It is undisputed that the Paula Company products utilized by the defendant in the above process are purchased by Logan at retail prices. The Court believed that plaintiff's characterization of the print thus used as a decal was appropriate. Each ceramic plaque sold by defendant with a Paula print affixed thereto required the purchase and use of an individual piece of artwork marketed by the plaintiff. As such, there was no copying. The Court noted at the outset that without copying there can be no infringement of copyright and that the process here in question does not constitute copying Having concluded there was no copying of a copyrighted artwork, that the process did not entail a protected adaptation, and that no violation of Paula's statutory right to vend was shown, the Court denied plaintiff's prayer for injunctive relief.