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PETER PAN FABRICS, INC. v. MARTIN WEINER CORP.

No. 90, Docket 25716.

274 F.2d 487 (1960)

PETER PAN FABRICS, INC. and Henry Glass & Co., Appellees, v. MARTIN WEINER CORP., Appellant.

United States Court of Appeals Second Circuit.

Decided January 27, 1960.

Attorney(s) appearing for the Case

Samuel J. Silverman and Frederick E. N. Ballon, New York City, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, Irving Younger, Forest Hills, N. Y., of counsel, for appellant.

Bernard A. Helfat, Helfat & Helfat, New York City, J. Nathan Helfat, New York City, of counsel, for appellees.

Before LUMBARD, Chief Judge, and HAND and FRIENDLY, Circuit Judges.

HAND, Circuit Judge.

This is an appeal from a preliminary injunction, granted by Judge Herlands, forbidding the defendant to copy an ornamental design, printed upon cloth. The plaintiffs — which for the purposes of this appeal are to be regarded as one — and the defendant are both "converters" of textiles, used in the manufacture of women's dresses. A "converter" buys uncolored cloth upon which he prints ornamental designs, and which he then sells to...

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