FOLIO IMPRESSIONS, INC. v. BYER CALIFORNIA

No. 1125, Docket 90-9005.

937 F.2d 759 (1991)

FOLIO IMPRESSIONS, INC., Plaintiff-Appellant, v. BYER CALIFORNIA; Macy's New York, Inc.; Lida Manufacturing Co.; and John Does — 20, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 27, 1991.


Attorney(s) appearing for the Case

Kenneth R. Schachter, New York City (Silverberg, Stonehill & Goldsmith, of counsel), for plaintiff-appellant.

Michael Delikat, New York City (Francis W. Connolly, Baer Marks & Upham, of counsel), for defendants-appellees.

Before OAKES, Chief Judge, and CARDAMONE and MAHONEY, Circuit Judges.


CARDAMONE, Circuit Judge:

Intense competition in the field of fabric designs to be used for women's clothes is nothing new, and is perhaps prompted by the fact that a fashion idea, here a rose, lives little longer than the bloom of the flowers whose image it uses. In this copyright infringement suit with respect to a fabric design used in such manufacture, we consider three separate claimed infringements: (1) a design of a rose for which plaintiff had a registered...

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