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JBJ FABRICS, INC. v. BRYLANE, INC.

No. 88 Civ. 2838 (JES).

714 F.Supp. 107 (1989)

JBJ FABRICS, INC., Plaintiff, v. BRYLANE, INC., Defendant.

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

June 6, 1989.

Attorney(s) appearing for the Case

Helfat and Helfat, New York City, for plaintiff; Bernard A. Helfat and Fred R. Profeta, Jr., of counsel.

Frank J. Colucci, P.C., New York City, for defendant; Frank J. Colucci and Ralph V. Lee, of counsel.

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge.

Plaintiff JBJ Fabrics, Inc. ("JBJ") brings this action for copyright infringement pursuant to 17 U.S.C. § 101 (1982) alleging that defendant Brylane Inc. ("Brylane") manufactured and sold garments imprinted with plaintiff's copyrighted design. Defendant moves for summary judgment on the ground that this Court lacks subject matter jurisdiction because plaintiff does not hold a valid copyright. For...

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