UNITED MER. & MANUF. v. BROMLEY FAB.


3 Misc.2d 179 (1955)

United Merchants and Manufacturers, Inc., Plaintiff, v. Bromley Fabrics, Inc., Defendant.

Supreme Court, Special Term, New York County.

November 23, 1955.


Attorney(s) appearing for the Case

Louis L. Kahn and Benedict Ginsberg for plaintiff.

Richard Secular for defendant.


MORRIS EDER, J.

Plaintiff moves for a temporary injunction restraining defendant from using plaintiff's fabrics as sample pieces; representing that such sample pieces are defendant's; copying the designs and patterns of such particular fabric and advertising or otherwise representing that same are fabricated by defendant. No basis exists to grant a monopoly in a design or pattern to the originator of an unpatented or unpatentable idea; anyone may copy...

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