FOX v. WIENER LACES, INC.


74 A.D.2d 549 (1980)

Lynn Fox, Respondent, v. Wiener Laces, Inc.,Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 26, 1980


Plaintiff seeks to enjoin defendant's use of certain embroidery designs created by her, contending that defendant has breached a contract between them. She does not seek, on this record, to assert a claim against defendant based upon infringement of any right of property secured to her by copyright. In essence and analogous to the rationale expressed by Justice Cardozo in Underhill v Schenck (238 N.Y. 7), plaintiff asserts that the origin of her claim is not in a right...

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