H. M. Kolbe Co., Inc. v. Armgus Textile Company, Inc. And Happy Cottons, Inc.

WATERMAN, Circuit Judge.

This action for infringement of a statutory copyright is before the court for a second time. It is not disputed that Happy Cottons, Inc., one of the defendants below, manufactured and sold nearly identical copies of a textile design registered by plaintiff as a “reproduction of a work of art” under the Copyright Law, 17 U.S.C. § 1 et seq. On May 27, 1960, we affirmed the grant of an injunction pendente lite restraining defendants from further manufacture of or sale of fabrics bearing the registered design. H. M. Kolbe Co. v. Armgus Textile Co., 279 F.2d 555 (2 Cir.).…