Legal Opinion

Florabelle Flowers, Inc. v. Joseph Markovits, Inc.

District Court, S.D. New York

Decided December 31, 1968No. 68 Civ. 4998PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM

FRANKEL, District Judge.

In this action for copyright infringement and unfair competition, the plaintiff has moved by order to show cause for an injunction pendente lite. The parties have presented extensive affidavits accompanied by various exhibits, including exemplars of the allegedly copyrighted and allegedly infringing products. These evidentiary materials were supplemented on the return day of the motion by the live testimony of plaintiff’s Secretary (and sole stockholder) and of plaintiff’s salesman who is asserted to have been the creator of the work in question. Upon the…

2Cases cited12 opinions

  1. Alfred Bell & Co. Ltd. v. Catalda Fine Arts, Inc.Court of Appeals for the Second Circuit · 1951
  2. Brattleboro Publishing Co. v. Winmill Publishing Corp.Court of Appeals for the Second Circuit · 1966
  3. Continental Casualty Company, Plaintiff-Appellee-Appellant v. Hulbert T. E. Beardsley and H. T. E. Beardsley, Inc., Defendants-Appellants-AppelleesCourt of Appeals for the Second Circuit · 1958
  4. Gardenia Flowers, Inc. v. Joseph Markovits, Inc.District Court, S.D. New York · 1968
  5. Dan Kasoff, Inc. v. Novelty Jewelry Co., Inc., Melba Jewels, Inc., and Henry FrankelCourt of Appeals for the Second Circuit · 1962

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3Cited by3 opinions

  1. Aldon Accessories Ltd. v. Spiegel, Inc.Court of Appeals for the Second Circuit · 1984
  2. United States v. Bill R. ClarkCourt of Appeals for the Eighth Circuit · 1981
  3. Emarine v. Group Ten Press, Inc. (In re Group Ten Press, Inc.)United States Bankruptcy Court, D. Nebraska · 1981

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