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PETER PAN FABRICS, INC. v. ROSSTEX FABRICS, INC.

No. 86 Civ. 3673 (DNE).

733 F.Supp. 174 (1990)

PETER PAN FABRICS, INC. and Henry Glass & Co., Plaintiffs, v. ROSSTEX FABRICS, INC. and Martin Ross, Defendants.

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

March 15, 1990.

Attorney(s) appearing for the Case

Helfat & Helfat, New York City (Bernard A. Helfat, of counsel), for plaintiffs.

Silberberg, Stonehill & Goldsmith, New York City (Kenneth R. Schacter, of counsel), for defendants.

OPINION AND ORDER

EDELSTEIN, District Judge:

This is an action for copyright infringement. Plaintiffs allege that defendants copied their design, "Style 1403, Range 100, Patt. 14261X" for which the Register of Copyrights issued Copyright No. VA 218-543.1 This design is printed on fabric and sold by plaintiffs.

Defendants move under Rule 56, Fed.R. Civ.P., for summary judgment dismissing the complaint on the ground that...

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