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IN DESIGN v. K-MART APPAREL CORP.

Nos. 703, 841, Dockets 92-7779, 92-7841.

13 F.3d 559 (1994)

IN DESIGN, also known as Hukafit Sportswear, Inc., Plaintiff-Appellee-Cross-Appellant, v. K-MART APPAREL CORP., Defendant-Third-Party-Plaintiff-Appellant-Cross-Appellee, Selective Knitwear, Incorporated, Third-Party-Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 5, 1994.

Attorney(s) appearing for the Case

Stuart E. Abrams, New York City (Sandor Frankel, Bender & Frankel, New York City, of counsel), for K-Mart Apparel Corp.

George Gottlieb, New York City (John R. Mugno, Gottlieb, Rackman & Reisman, New York City, of counsel), for In Design.

Before: VAN GRAAFEILAND, CARDAMONE and JACOBS, Circuit Judges.

CARDAMONE, Circuit Judge:

This appeal involves concepts of copyright law and retail business practices. K-Mart Apparel Corp. (K-Mart), the well-known discount retailer, was held liable for copyright infringement because it sold certain sweaters bearing the copyrighted "Damask" design. A trial was then held on the amount of damages it owed to In Design, also called Hukafit Sportswear, Inc. (Hukafit), the copyright holder. The...

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