Clarion Textile Corp. v. Slifka

DIMOCK, District Judge.

Plaintiff, owner of the copyright of a design for fabrics known as Capri No. 751, sues defendant for, among other things, an injunction against the sale of textiles bearing defendants’ design known as Slifka Fabrics No. 9074, alleging that it infringes plaintiff’s copyright. A motion for a preliminary injunction is before me.

There is no doubt that plaintiff’s design was the inspiration of defendants’. Defendants’ affidavits make no claim that defendants’ treasurer who ordered the design or defendants’ employee who followed his orders in laying it out had not seen…