Peter Pan Fabrics, Inc. And Henry Glass & Co. v. Martin Weiner Corp.

HAND, Circuit Judge.

This is an appeal from a preliminary injunction, granted by Judge Herlands, forbidding the defendant to copy an ornamental design, printed upon cloth. The plaintiffs — which for the purposes of this appeal are to be regarded as one —and the defendant are both “converters” of textiles, used in the manufacture of women’s dresses. A “converter” buys uncolored cloth upon which he prints ornamental designs, and which he then sells to dressmakers. The plaintiffs bought from a Parisian designer a design, known as “Byzantium,” which it registered as a “reproduction of a work of…