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CONCORD FABRICS, INC. v. GENERATION MILLS, INC.

71 Civ. 750.

328 F.Supp. 1030 (1971)

CONCORD FABRICS, INC., Plaintiff, v. GENERATION MILLS, INC., Defendant.

United States District Court, S. D. New York.

March 9, 1971.

Attorney(s) appearing for the Case

Kreindler, Relkin, Olick & Goldberg, New York City, for plaintiff.

Ruben Schwartz, New York City, for defendant.

MEMORANDUM

FRANKEL, District Judge.

Plaintiff Concord Fabrics, Inc., seeks a preliminary injunction against alleged infringement by defendant, Generation Mills, Inc., of a copyrighted fabric design. Upon ex parte submissions describing its work as "a highly original design," and claiming its huge sales would soon be shut off by the alleged infringement, plaintiff obtained a temporary restraining order dated February 19, 1971. For the reasons which follow...

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