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SCARVES BY VERA, INC. v. UNITED MERCHANTS

173 F.Supp. 625 (1959)

SCARVES BY VERA, INC., Plaintiff, v. UNITED MERCHANTS AND MANUFACTURERS, INC., Cohn-Hall-Marx and Sears, Roebuck and Co., Defendants.

United States District Court S. D. New York.

Rehearing Denied June 24, 1959.

Attorney(s) appearing for the Case

Samuel J. Stoll, Jamaica, N. Y., for plaintiff.

Stroock, Stroock & Lavan, New York City, for defendants.

EDELSTEIN, District Judge.

Plaintiff, a manufacturer of ladies' scarves and blouses, has brought an action for copyright infringement and unfair competition against the defendants, a manufacturer of textile fabrics (United Merchants and Manufacturers, Inc.) and a retailer (Sears, Roebuck and Company). Each of the first three causes of action alleges the infringement of plaintiff's copyrighted work of art, in the form of a silk screen painting, by the defendants' publishing...

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