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AMERICAN CENTURY HOME FABRICS v. ASHLEY FURNITURE INDUSTRIES, INC.

Civil Action No. 06-10932-JLT.

473 F.Supp.2d 168 (2007)

AMERICAN CENTURY HOME FABRICS, INC., Plaintiff, v. ASHLEY FURNITURE INDUSTRIES, INC. and Southern Sales, Inc., Defendants.

United States District Court, D. Massachusetts.

January 10, 2007.

Attorney(s) appearing for the Case

Michael A. Albert, Ilan N. Barzilay, Wolf, Greenfield & Sacks, Boston, MA, for Plaintiff.

Aaron W. Davis, Patterson, Casey A. Kniser, Brian Stender, Thuente, Skaar & Christensen, P.A., Minneapolis, MN, Julia Huston, Keith E. Toms, Bromberg & Sunstein LLP, Boston, MA, John W. MacPete, Mark D. Perdue, Storm LLP Bank of America, Dallas, TX, for Defendants.

MEMORANDUM

TAURO, District Judge.

Background

Introduction

Plaintiff American Century Home Fabrics, Inc., manufactures and sells fabric to retailers and furniture makers. Plaintiff owns a number of copyrighted designs. One design that Plaintiff sells is its Union design. Plaintiff alleges that in 2004, Defendant Ashley Furniture Industries, Inc. ("Ashley") purchased a sample of the Union pattern from Plaintiff and...

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