Legal Opinion

Peter Pan Fabrics, Inc. And Henry Glass & Co. v. Dixon Textile Corporation

Court of Appeals for the Second Circuit

Decided May 18, 1960No. 25935_1PublishedCited by 45 opinions

1Opinion of the Court

J. JOSEPH SMITH, District Judge.

Plaintiffs sued for infringement of copyright on an ornamental design, *802known as “Byzantium,” printed upon textiles. A preliminary injunction against copying was granted, and plaintiffs moved, with supporting affidavits, for summary judgment to encompass a permanent injunction against copying and reference to a master for determination of damages. Judge Levet denied summary judgment on the ground that the finding of originality in the order granting a preliminary injunction was not determinative and that the affidavit submitted in support of the motion is…

2Cases cited10 opinions

  1. Peter Pan Fabrics, Inc. And Henry Glass & Co. v. Martin Weiner Corp.Court of Appeals for the Second Circuit · 1960
  2. Automatic Radio Mfg. Co., Inc. v. Hazeltine Research, IncSupreme Court of the United States · 1950
  3. Alfred Bell & Co. Ltd. v. Catalda Fine Arts, Inc.Court of Appeals for the Second Circuit · 1951
  4. Engl v. ætna Life Ins. Co.Court of Appeals for the Second Circuit · 1943
  5. Fred Fisher, Inc. v. DillinghamDistrict Court, S.D. New York · 1924

5 more not listed; retrieve them via the Exa API.

3Cited by45 opinions

  1. Switzerland Cheese Assn., Inc. v. E. Horne's Market, Inc.Supreme Court of the United States · 1966
  2. Lummus Company v. Commonwealth Oil Refining Company, Inc., Lummus Company v. Honorable Archie O. DawsonCourt of Appeals for the Second Circuit · 1962
  3. Chappell & Co., Inc., T. B. Harms Company, Williamson Music, Inc., Frank Loesser and Frank Music Corp. v. J. Jay FrankelCourt of Appeals for the Second Circuit · 1966
  4. Mrs. Jack D. Fowler v. Southern Bell Telephone & Telegraph CompanyCourt of Appeals for the Fifth Circuit · 1965
  5. United States v. BosurgiCourt of Appeals for the Second Circuit · 1976

40 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API