CONCORD FABRICS, INC. v. MARCUS BROTHERS TEXTILE CORP.

No. 494, Docket 33341.

409 F.2d 1315 (1969)

CONCORD FABRICS, INC., Plaintiff-Appellant, v. MARCUS BROTHERS TEXTILE CORP., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided March 12, 1969.


Attorney(s) appearing for the Case

Arthur S. Olick, New York City (Otterbourg, Steindler, Houston & Rosen, New York City, on the brief), for appellant.

Jesse Rothstein, New York City (Amster & Rothstein, Horvath & Young, and Harold Young, New York City, on the brief), for appellee.

Before LUMBARD, Chief Judge, SMITH, Circuit Judge, and McLEAN, District Judge.


PER CURIAM:

This appeal raises the narrow question of whether the district court properly refused to issue a preliminary injunction in this copyright infringement case.

Plaintiff-appellant, Concord Fabrics, Inc., brought this action seeking to enjoin Marcus Brothers Textile Corp. from manufacturing, converting, selling and distributing textile material allegedly copying Concord's design pattern No. 7073, which Concord has copyrighted. The district court originally...

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