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NOVELTY TEXTILE MILLS v. JOAN FABRICS CORP.

No. 998, Docket 77-7067.

558 F.2d 1090 (1977)

NOVELTY TEXTILE MILLS, INC., Plaintiff-Appellant, v. JOAN FABRICS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 12, 1977.

Attorney(s) appearing for the Case

James K. Silberman, New York City (Blum, Moscovitz, Friedman & Kaplan, New York City, of counsel), for plaintiff-appellant.

Floyd A. Gibson, Charlotte, N. C. (Joell T. Turner and Bell, Seltzer, Park & Gibson, Charlotte, N. C., and Michael Malina, Ettie Ward and Kaye, Scholer, Fierman, Hays & Handler, New York City, of counsel), for defendant-appellee.

Before MANSFIELD and GURFEIN, Circuit Judges, and NEWMAN, District Judge.

GURFEIN, Circuit Judge:

This is an appeal from an order of the District Court for the Southern District of New York (Werker, D. J.) denying plaintiff's motion for a preliminary injunction against the continued use by defendant of a fabric design which it allegedly copied from plaintiff's fabric design. The complaint charges copyright infringement under 17 U.S.C. §§ 101, 112 and 116 and seeks a permanent injunction...

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