Legal Opinion

Primcot Fabrics, Department of Prismatic Fabrics, Inc. v. Kleinfab Corp.

District Court, S.D. New York

Decided January 8, 1974No. 73 Civ. 4589PublishedCited by 6 opinions

1Opinion of the Court

GURFEIN, District Judge:

This is an action for an injunction to restrain the defendant from printing and selling copies of á printed textile fabric in several colors known as “pattern No. 850” or “Romeo”, which is the subject of a design copyright, Certificate of Registration No. H 51204 owned by the plaintiff. P.Ex. I. 1 The claim for relief is based on 17 U.S.C. § 112, and jurisdiction is based on 28 U.S.C. § 1338(a). This a motion for a preliminary injunction. An evidentiary hearing was held. Both plaintiff and defendant are textile converters who print patterns on the greige goods.

The…

2Cases cited15 opinions

  1. Mazer v. SteinSupreme Court of the United States · 1954
  2. Peter Pan Fabrics, Inc. And Henry Glass & Co. v. Martin Weiner Corp.Court of Appeals for the Second Circuit · 1960
  3. Alfred Bell & Co. Ltd. v. Catalda Fine Arts, Inc.Court of Appeals for the Second Circuit · 1951
  4. Ideal Toy Corporation v. Fab-Lu Ltd. (Inc.) and David FaberCourt of Appeals for the Second Circuit · 1966
  5. Washingtonian Publishing Co. v. PearsonSupreme Court of the United States · 1939

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3Cited by6 opinions

  1. Boisson v. Banian, Ltd.Court of Appeals for the Second Circuit · 2001
  2. Malletier v. Dooney & Bourke, Inc.District Court, S.D. New York · 2007
  3. Peel & Company Inc v. Rug MarketCourt of Appeals for the Fifth Circuit · 2001
  4. Financial Information, Inc. v. Moody's Investors Service, Inc.District Court, S.D. New York · 1983
  5. Prince Group, Inc. v. MTS PRODUCTSDistrict Court, S.D. New York · 1997

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

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