Peter Pan Fabrics, Inc. v. Martin Weiner Corp.

274 F.2d 487 (2nd Cir. 1960)

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Nature of the Case

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Facts

P and D are both 'converters' of textiles, used in the manufacture of women's dresses. P bought from a Parisian designer a design, known as 'Byzantium,' which it registered as a 'reproduction of a work of art,' ( § 5(h) of Title 17 U.S. Code) and for which the Copyright Office issued Certificate No. H.7290. The cloth, so 'converted, ' bears upon its edge at each repetition of the design printed 'notices' of copyright which are concededly adequate under the Copyright Law. The buyers of the bolts cut the cloth into suitable lengths and use it to make women's dresses. This either cut off the selvage which bears the notices, or else they sew the adjacent edges of the cloth together at the seams in such a way that the notices are not visible unless the seams are pried, or cut, apart, or unless the dress is turned inside out. To the casual observer, the designs appeared identical. The trial court granted P a preliminary injunction and D appealed.