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H. M. KOLBE CO. v. ARMGUS TEXTILE COMPANY

184 F.Supp. 423 (1960)

H. M. KOLBE CO., Inc., Plaintiff, v. ARMGUS TEXTILE COMPANY, Inc., Happy Cottons, Inc., Bea Rite Frocks, Inc., Beawright, Inc. and Miss Liberty Modes, Inc., Defendants.

United States District Court S. D. New York.

April 28, 1960.

Attorney(s) appearing for the Case

Alan Latman, New York City, for plaintiff.

Samuel Shapiro, New York City, for defendants Armgus Textile Co., Inc. and Happy Cottons, Inc.

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...

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