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PETER PAN FABRICS, INC. v. DAN RIVER MILLS, INC.

No. 68 Civ. 68.

295 F.Supp. 1366 (1969)

PETER PAN FABRICS, INC. and Henry Glass & Co., Plaintiffs, v. DAN RIVER MILLS, INC., Defendant.

United States District Court S. D. New York.

January 13, 1969.

Attorney(s) appearing for the Case

Helfat & Helfat, New York City, for plaintiffs; Bernard A. Helfat and J. Nathan Helfat, New York City, of counsel.

March, Gillette & Wyatt, New York City, for defendant; Arthur A. March, Douglas W. Wyatt and Isadore Warshaw, New York City, of counsel.

OPINION

MacMAHON, District Judge.

This is an action for copyright infringement. Plaintiffs allege that defendant copied their design, known as "Style 2464, Range 11, `Daisies'," which plaintiffs registered as a reproduction of a work of art1 and for which the Copyright Office issued Copyright No. H-28688 on June 1, 1965.

Plaintiffs move under Rule 56, Fed.R. Civ.P., for summary judgment permanently enjoining defendant...

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