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YORK WALLCOVERINGS, INC. v. COLOROLL INC.

No. CV 87-1640.

681 F.Supp. 1004 (1987)

YORK WALLCOVERINGS, INC., Plaintiff, v. COLOROLL, INC., Defendant.

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

September 3, 1987.

Attorney(s) appearing for the Case

Howrey & Simon, Washington, D.C. (David C. Murchison, P.C., John Bodner, Jr., and Martin J. Weinstein, of counsel), Engel & Mulholland, New York City, for plaintiffs.

Mason, Fenwick & Lawrence, Washington, D.C. (J. Timothy Hobbs, Diana Adams Hatchett, of counsel), Solin & Breindel, P.C., New York City (Daniel R. Solin, of counsel), for defendant.

MEMORANDUM OF DECISION AND ORDER

MISHLER, District Judge.

York Wallcoverings, Inc. ("York") commenced this action against Coloroll, Inc. ("Coloroll") alleging copyright infringement of its "Adele" wallpaper design (Count I) and unfair competition in palming off York's "Buckleburry" design (not subject to copyright protection) and the Adele design as Coloroll's wallpaper designs (Count II).

York moved for a preliminary injunction enjoining Coloroll...

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