Peter Pan Fabrics, Inc. And Henry Glass & Co. v. Dixon Textile Corporation
Court of Appeals for the Second Circuit
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
- Peter Pan Fabrics, Inc. And Henry Glass & Co. v. Martin Weiner Corp.Court of Appeals for the Second Circuit · 1960
- Automatic Radio Mfg. Co., Inc. v. Hazeltine Research, IncSupreme Court of the United States · 1950
- Alfred Bell & Co. Ltd. v. Catalda Fine Arts, Inc.Court of Appeals for the Second Circuit · 1951
- Engl v. ætna Life Ins. Co.Court of Appeals for the Second Circuit · 1943
- Fred Fisher, Inc. v. DillinghamDistrict Court, S.D. New York · 1924
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3Cited by45 opinions
- Switzerland Cheese Assn., Inc. v. E. Horne's Market, Inc.Supreme Court of the United States · 1966
- Lummus Company v. Commonwealth Oil Refining Company, Inc., Lummus Company v. Honorable Archie O. DawsonCourt of Appeals for the Second Circuit · 1962
- 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
- Mrs. Jack D. Fowler v. Southern Bell Telephone & Telegraph CompanyCourt of Appeals for the Fifth Circuit · 1965
- United States v. BosurgiCourt of Appeals for the Second Circuit · 1976
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