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CORTLEY FABRICS COMPANY v. SLIFKA

175 F.Supp. 66 (1959)

CORTLEY FABRICS COMPANY, Inc., Plaintiff, v. Joseph SLIFKA and Sylvia Slifka, individually and as copartners d/b/a Slifka Fabrics, and Armory Fabrics, Inc., Defendants.

United States District Court S. D. New York.

July 17, 1959.

Attorney(s) appearing for the Case

Strasser, Spiegelberg, Fried & Frank, New York City, for plaintiff, John F. Finn, Jr., Gerald E. Paley, New York City, of counsel.

Arnold R. Krakower, New York City, for defendants, Isidore A. Seltzer, New York City, of counsel.

DAWSON, District Judge.

This is an application for a preliminary injunction, pursuant to Rule 65 of the Rules of Civil Procedure, 28 U.S.C., enjoining the defendants from alleged infringement of a copyrighted reproduction of a work of art on fabric. The defendants have submitted no answering affidavit, and have not contested the allegations of the moving affidavits.

It appears that plaintiff is in the business of manufacturing fabrics; that it had purchased...

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