Legal Opinion
In Design v. K-Mart Apparel Corp.
Court of Appeals for the Second Circuit
Decided January 5, 1994No. Nos. 703, 841, Dockets 92-7779, 92-7841PublishedCited by 45 opinions
1Opinion of the Court
CARDAMONE, Circuit Judge:
This appeal involves concepts of copyright law and retail business practices. K-Mart Apparel Corp. (K-Mart), the well-known discount retailer, was held liable for copyright infringement because it sold certain sweaters bearing the copyrighted “Damask” design. A trial was then held on the amount of damages it owed to In Design, also called Hukafit Sportswear, Inc. (Hukafit), the copyright holder. The trial resulted in an amended judgment for over $630,000 against K-Mart. It is from this judgment that K-Mart appeals and Hukafit cross-appeals.
One of the principal…
2Cases cited25 opinions
- Sheldon v. Metro-Goldwyn Pictures Corp.Supreme Court of the United States · 1940
- Alfred Bell & Co. Ltd. v. Catalda Fine Arts, Inc.Court of Appeals for the Second Circuit · 1951
- Wickham Contracting Co., Inc., Ralph Perone v. Local Union No. 3, International Brotherhood of Electrical Workers, Afl-CioCourt of Appeals for the Second Circuit · 1992
- Folio Impressions, Inc. v. Byer California MacY New York, Inc. Lida Manufacturing Co. And John Does--20Court of Appeals for the Second Circuit · 1991
- Louis Gaste and Les Editions Louis Gaste v. Morris Kaiserman A/K/A Morris Albert, and Fermata International Melodies, Inc.Court of Appeals for the Second Circuit · 1988
20 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- On Davis v. The Gap, Inc.Court of Appeals for the Second Circuit · 2001
- Malletier v. Dooney & Bourke, Inc.District Court, S.D. New York · 2007
- Nike, Inc. v. Wal-Mart Stores, Inc. And Hawe Yue, Inc.Court of Appeals for the Federal Circuit · 1998
- John Wiley & Sons, Inc. v. Book Dog Books, LLCDistrict Court, S.D. Illinois · 2018
- Peer International Corp. v. Luna Records, Inc.District Court, S.D. New York · 1995
40 more not listed; retrieve them via the Exa API.