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HUK-A-POO SPORTSWEAR, INC. v. FRANSHAW, INC.

No. 75 Civ. 496 F.

411 F.Supp. 15 (1976)

HUK-A-POO SPORTSWEAR, INC., Plaintiff, v. FRANSHAW, INC., Defendant.

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

January 23, 1976.

Attorney(s) appearing for the Case

Gottlieb, Rackman, Reisman & Kirsch, New York City, for plaintiff; George Gottlieb, New York City, of counsel.

Ezon, Langberg & Granoff, Steven A. Ezon, New York City, Lerner, David, Littenberg & Samuel, Lawrence I. Lerner, Westfield, N. J., Ezra Sutton, New York City, of counsel, for defendant.

KEVIN THOMAS DUFFY, District Judge.

This is a motion for a preliminary injunction in a fabric design copyright case. There is no doubt that the defendant has "knocked off" certain designs owned by the plaintiff and have used these designs on textiles and have made shirts out of these fabrics which are sold in competition with the plaintiff's goods.

The defendant has already consented to preliminary injunctions as to six different designs but has raised as...

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