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KEMP & BEATLEY v. HIRSCH

34 F.2d 291 (1929)

KEMP & BEATLEY, Inc., v. HIRSCH et al.

District Court, E. D. New York.

August 1, 1929.

Attorney(s) appearing for the Case

Nims & Verdi, of New York City (Harry D. Nims, Minturn De S. Verdi, and Wallace H. Martin, all of New York City, of counsel), for plaintiff.

Munn, Anderson & Munn, of New York City (T. Hart Anderson, of New York City, of counsel), for defendants.

GALSTON, District Judge.

These are cross-motions. Plaintiff moves for a preliminary injunction, and defendants move for a dismissal of the complaint.

The complaint alleges that the defendants have infringed plaintiff's certificates of copyright Nos. 84,890 and 84,892. If the copyrights are valid, there can be no possible doubt of infringement, for the defendants' dress patterns are almost identical with those deposited by the plaintiff with the Register of...

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