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NOVELTY TEXTILE MILLS, INC. v. JOAN FABRICS CORP.

No. 76 Civ. 5753 (HFW).

426 F.Supp. 1008 (1977)

NOVELTY TEXTILE MILLS, INC., Plaintiff, v. JOAN FABRICS CORPORATION, Defendant.

United States District Court, S. D. New York.

January 31, 1977.

Attorney(s) appearing for the Case

Blum, Moscovitz, Friedman & Kaplan, New York City, for plaintiff, by James K. Silberman, New York City, of counsel.

Kaye, Scholer, Fierman, Hays & Handler, New York City and Bell, Seltzer, Park & Gibson, Charlotte, N.C., for defendant, by Floyd A. Gibson, Julian E. Carnes, Jr., Joell T. Turner, Charlotte, N.C., of counsel.

MEMORANDUM DECISION

WERKER, District Judge.

The parties to this action are both manufacturers of upholstery fabrics. Plaintiff Novelty Textile Mills, Inc. ("Novelty") contends that defendant Joan Fabrics Corporation ("Joan") has infringed upon its design for a "bias" or "argyle" plaid upholstery fabric, which is copyrighted as "Style 253." In this action, Novelty seeks injunctive relief, impoundment and destruction...

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