LOOMSKILL, INC. v. STEIN & FISHMAN FABRICS INC.
332 F.Supp. 1288 (1971)
LOOMSKILL, INC., Plaintiff,
STEIN & FISHMAN FABRICS INC., Defendant.
No. 71 Civ. 4348.
United States District Court, S. D. New York.
October 20, 1971.
Helfat & Helfat, New York City, for plaintiff by Bernard Helfat, New York City, of counsel.
Lauritano & Schlacter, New York City, for defendant by Amedeo L. Lauritano, New York City, of counsel.
FINDINGS AND OPINION
POLLACK, District Judge.
Plaintiff sues to enjoin the defendant from manufacturing, converting or selling textiles which plaintiff asserts are imprinted with infringing copies of a copyrighted design belonging to plaintiff. Defendant denies infringement, denies copying, and contends that the imprints on its fabrics are of original creations purchased from an independent design studio.
Plaintiff's suit arises under the Copyright Laws. Jurisdiction is conferred by 28 U.S.C. § 1338. The application for preliminary injunction has been consolidated with trial of the merits of the infringement claim. Fed.R. Civ.P. 65(a) (2).
Plaintiff, a corporation duly organized and existing under the laws of the State of New York, with a place of business in New York City, is a converter of fabrics. In general, converters of textile products purchase griege goods (i. e., uncolored and unpatterned woven goods), arrange to have them dyed, patterned and finished, and then sell the goods to garment manufacturers, department and dry goods stores, among others. Plaintiff, moreover, is known as a "style-leader" converter and produces fabrics for the "better" garment market which demands attractive and novel designs for its products.
Defendant is a corporation duly organized and existing under the laws of the State of New York and is also a converter of fabrics with its place of business in New York City, but it makes no claim to being a "style-leader".
On or about March 10, 1971, plaintiff's own studio, which employs a staff of some 35 artists, created a design which it designated as "Pattern #34099 Outrageous". On that date plaintiff sent an original painting or sketch of the design to the Textile Distributors Association for registration. The sketch was registered in four rollers and four colors. It was also blown up to a 49" repeat and made by the engraver into a two way repeat by turning the motors. On May 24, 1971, plaintiff published the design, and on August 4, 1971, the Register of Copyrights granted Copyright No. H 44978. It is this copyrighted design which is the subject of this suit.