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

274 F.2d 487 (1960)

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

United States Court of Appeals for the Second Circuit
274 F.2d 487 (1960)

  • Written by Jody Stuart, JD

Facts

Peter Pan Fabrics, Inc. (Peter Pan) (plaintiff) owned the copyright for a design it printed on fabric for use in dresses. Martin Weiner Corp. (Martin) (defendant) used a similar design to print on fabric for dresses. Both designs used the same color and had similar though not identical arches and scrolls. Additionally, the overall pattern of distribution of the arches and scrolls was not identical. Peter Pan filed in federal district court for a preliminary injunction prohibiting Martin from copying Peter Pan’s design and printing it on fabric. The injunction was granted, and Martin appealed.

Rule of Law

Issue

Holding and Reasoning (Hand, J.)

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