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H. M. KOLBE CO. v. ARMGUS TEXTILE COMPANY

No. 231, Docket 27882.

315 F.2d 70 (1963)

H. M. KOLBE CO., Inc., Plaintiff-Appellee, v. ARMGUS TEXTILE COMPANY, Inc. and Happy Cottons, Inc., Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided March 14, 1963.

Attorney(s) appearing for the Case

Nathan & Gerstein, New York City (Edward Nathan, Joseph W. Greenberger, New York City, of counsel), for defendants-appellants.

Cowan, Liebowitz & Latman, New York City (Alan Latman, New York City, of counsel), for plaintiff-appellee.

Before LUMBARD, Chief Judge, and MEDINA and WATERMAN, Circuit Judges.

WATERMAN, Circuit Judge.

This action for infringement of a statutory copyright is before the court for a second time. It is not disputed that Happy Cottons, Inc., one of the defendants below, manufactured and sold nearly identical copies of a textile design registered by plaintiff as a "reproduction of a work of art" under the Copyright Law, 17 U.S.C. § 1 et seq. On May 27, 1960, we affirmed the grant of an injunction pendente lite restraining defendants...

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