FABRICS BY DAVIES v. KAY WINDSOR FROCKS


25 Misc.2d 48 (1960)

Fabrics by Bus Davies, Inc., Plaintiff, v. Kay Windsor Frocks, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

April 28, 1960.


Attorney(s) appearing for the Case

Butler, Jablow & Geller (Richard B. Jablow of counsel), for plaintiff. Rapoport & Bernstein for M. Lowenstein & Sons, Inc., defendant.


WILLIAM C. HECHT, J.

Defendant M. Lowenstein & Sons, Inc., moves pursuant to rule 112 of the Rules of Civil Practice for judgment on the pleadings dismissing the complaint for legal insufficiency.

In a first cause of action, plaintiff alleges facts in support of a common-law copyright in an unpublished design used by defendants without its consent. It sets forth that in 1958 it created a certain material...

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