International Luggage Registry, a Nevada Corporation v. Avery Products Corporation, a California Corporation

In this copyright infringement and unfair competition action, the appellant appeals from a summary judgment granted to appellees on the ground that there was no substantial similarity between appellant’s copyrighted luggage label and the luggage label utilized by appellees.

Appellant provides for its members a service in locating and returning specially marked personal property, such as luggage, when it becomes lost. The articles of property subject to this service are identified with labels prepared and supplied by appellant to its members. These labels were copyrighted by appellant and serve as the. means by which protected property is located and identified.

In 1971, the president of appellant revealed its method of operation to the future president of Finders, upon a representation that he was not planning to enter the business. Finders was incorporated in 1972 to enter the luggage retrieval business, using methods of operation identical to those of appellant.

Appellee, Avery Products manufactures labels and was the printer of appellant’s labels, which were produced to conform to appellant’s art work. Upon entering the luggage retrieval business, Finders asked…