Legal Opinion
HM Kolbe Co. v. Armgus Textile Company
District Court, S.D. New York
Decided April 28, 1960PublishedCited by 12 opinions
1Opinion of the Court
THOMAS F. MURPHY, District Judge.
Plaintiff’s motion for a preliminary injunction is granted and the same bond previously ordered by Judge Ryan, viz., $10,000, will be sufficient security.
The only issues created by defendants Armgus Textile Company, Inc. and Happy Cottons, Inc. are (a) that plaintiff’s design lacks originality and (b) that plaintiff has failed to establish the statutory notice of copyright.
On the issue of originality the presumption is that the copyright is valid. The general statement that the design relates to flowers and is imprinted on batik avoids the issue. We find that…
2Cases cited1 opinion
- Peter Pan Fabrics, Inc. And Henry Glass & Co. v. Martin Weiner Corp.Court of Appeals for the Second Circuit · 1960
3Cited by12 opinions
- Drop Dead Co. v. S. C. Johnson & Son, Inc.Court of Appeals for the Ninth Circuit · 1963
- H. M. Kolbe Co., Inc. v. Armgus Textile Company, Inc., and Happy Cottons, Inc.Court of Appeals for the Second Circuit · 1960
- Peter Pan Fabrics, Inc. v. Candy Frocks, Inc.District Court, S.D. New York · 1960
- Pantone, Inc. v. A. I. Friedman, Inc.District Court, S.D. New York · 1968
- Goldman-Morgen, Inc. v. Dan Brechner & Co., Inc.District Court, S.D. New York · 1976
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