IN DESIGN v. LYNCH KNITTING MILLS, INC.

No. 87 Civ. 1139 (MGC).

689 F.Supp. 176 (1988)

IN DESIGN, alternate trade name of Hukafit Sportswear, Inc. and Jeffrey Rogers Knitwear Productions Limited, Plaintiffs, v. LYNCH KNITTING MILLS, INC. and Wal-Mart Stores, Inc., Defendants.

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

March 7, 1988.


Attorney(s) appearing for the Case

Gottlieb, Rackman & Reisman, P.C., New York City by George Gottlieb, for plaintiffs.

Marc Z. Newman, New York City, for defendant Lynch Knitting Mills, Inc.

Marx & Berger, New York City by Ephraim D. Berger, for defendant Wal-Mart.


OPINION

CEDARBAUM, District Judge.

This is an action for copyright infringement. Plaintiffs, who seek only monetary relief, claim that defendants infringed their copyright in the design of a sweater. Defendants contend that the copyright is invalid, and in the alternative that their sweater does not infringe it. This action was tried before me without a jury on February 1 and 2, 1988. After having carefully examined the copyrighted sweater and the allegedly...

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