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PETER PAN FABRICS, INC. v. DIXON TEXTILE CORPORATION

No. 213, Docket 25935.

280 F.2d 800 (1960)

PETER PAN FABRICS, INC. and Henry Glass & Co., Plaintiffs-Appellants, v. DIXON TEXTILE CORPORATION, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided March 30, 1960.

On Application for Hearing May 18, 1960.

Attorney(s) appearing for the Case

Bernard A. Helfat, Helfat & Helfat, New York City (J. Nathan Helfat, New York City, on the brief), for plaintiffs-appellants.

Harry Price, New York City (Samuel Jaffe, New York City, on the brief), for defendant-appellee.

Before MOORE, Circuit Judge, and SMITH and HERLANDS, District Judges.

On Application for Hearing In Banc May 18, 1960.

J. JOSEPH SMITH, District Judge.

Plaintiffs sued for infringement of copyright on an ornamental design, known as "Byzantium," printed upon textiles. A preliminary injunction against copying was granted, and plaintiffs moved, with supporting affidavits, for summary judgment to encompass a permanent injunction against copying and reference to a master for determination...

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