Legal Opinion
P. Kaufmann, Inc. v. Americraft Fabrics, Inc.
District Court, S.D. New York
Decided November 19, 2002No. 01 Civ. 9687(RWS)PublishedCited by 4 opinions
1Opinion of the Court
OPINION
SWEET, District Judge.
This action involves a claim of copyright infringement arising under the United States Copyright Act of 1976, 17 U.S.C. §§ 101 et seq., and for related claims of injury to business reputation and unfair competition. Defendant P.F.C. Converting, Inc. (“PFC”) has counterclaimed, alleging that two letters sent by plaintiff P. Kaufmann, Inc. (“Kaufmann”) to retailers were harmful to its business. Kaufmann has moved pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss PFC’s counterclaims on the grounds that they fail to state a cause of action.
Fo…
2Cases cited20 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Foman v. DavisSupreme Court of the United States · 1962
- Mills v. Polar Molecular Corp.Court of Appeals for the Second Circuit · 1993
- Oswego Laborers' Local 214 Pension Fund v. Marine Midland Bank, N. A.New York Court of Appeals · 1995
- Rothman v. GregorCourt of Appeals for the Second Circuit · 2000
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3Cited by4 opinions
- McCarthy v. Wachovia Bank, N.A.District Court, E.D. New York · 2011
- UMG Recordings, Inc. v. Escape Media Group, Inc.New York Supreme Court · 2012
- JBrick, LLC v. Chazak Kinder, Inc.District Court, E.D. New York · 2023
- Rabadi v. City of YonkersDistrict Court, S.D. New York · 2022