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HAMIL AMERICA, INC. v. GFI

Docket Nos. 98-7573, 98-7615

193 F.3d 92 (1999)

HAMIL AMERICA, INC., Plaintiff-Appellee-Cross-Appellant, v. GFI, a Division of Goldtex, Inc., Third-Party Defendant-Appellant-Cross-Appellee, SGS Studio, Inc. and J.C. Penney Company, Inc., Defendants-Third-Party Plaintiffs-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided: September 29, 1999.

Attorney(s) appearing for the Case

Michael Delikat, New York, N.Y. (John F. Olsen, Orrick, Herrington & Sutcliffe LLP, of counsel), for all Appellants-Cross-Appellees.

Kenneth R. Schachter, New York, N.Y. (Silverberg Stonehill & Goldsmith, P.C., of counsel), for Appellee-Cross-Appellant.

Before OAKES, JACOBS, and POOLER, Circuit Judges.

OAKES, Senior Circuit Judge:

I. INTRODUCTION

Hamil America, Inc. sued GFI (a Division of Goldtex, Inc.), SGS Studio, Inc. and J.C. Penney Company, Inc. for copyright infringement. According to Hamil America, GFI copied one of Hamil America's floral fabric patterns, SGS manufactured garments using the infringing GFI fabric and sold the garments to J.C. Penney, and J.C. Penney sold the garments in its retail stores. Hamil America prevailed at trial and was...

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