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MALDEN MILLS, INC. v. REGENCY MILLS, INC.

Nos. 1231, 1408, Dockets 80-7303, 80-7341.

626 F.2d 1112 (1980)

MALDEN MILLS, INC., Plaintiff-Appellant-Cross Appellee, v. REGENCY MILLS, INC., Defendant-Appellee-Cross Appellant.

United States Court of Appeals, Second Circuit.

Decided August 7, 1980.

Attorney(s) appearing for the Case

James K. Silberman, New York City (Blum, Kaplan, Friedman, Silberman & Beran, New York City, Steven H. Hartman, New York City, of counsel), for plaintiff-appellant-cross appellee.

Richard Seltzer, New York City (Ruben, Schwartz, Lasker & Schnall, New York City, of counsel), for defendant-appellee-cross appellant.

Before LUMBARD and MANSFIELD, Circuit Judges, and MEHRTENS, District Judge.

LUMBARD, Circuit Judge:

Malden Mills appeals from the denial by the District Court for the Southern District of New York, Brieant, J., of a permanent injunction against Regency Mills based on Regency's alleged infringement of a copy-righted textile design. Judge Brieant found that all the requirements for such an injunction, except that of substantial similarity of the two designs, had been met. In our view it is apparent that the two designs are in fact substantially...

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