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Prestige Floral v. Zunino-Altman

United States Court of Appeals, Second Circuit
Mar 8, 1962
301 F.2d 286 (2d Cir. 1962)

Opinion

No. 299, Docket 27375.

Argued March 8, 1962.

Decided March 8, 1962.

Kane, Dalsimer Kane, New York City (Emil Scheller, New York City, of counsel), for plaintiff-appellant.

Curtis, Morris Safford, New York City (Daniel L. Morris, New York City, of counsel), for defendant-appellee.

Before WATERMAN, KAUFMAN and MARSHALL, Circuit Judges.


Plaintiff, owner of a copyright upon an artificial cactus dahlia, made of polyethylene, complains that defendant has imitated its dahlia and infringed its copyright, and seeks a permanent injunction against continued imitation and infringement, for damages, and for other relief. Pending hearing upon the merits of its complaint, plaintiff obtained, ex parte, a restraining order, and prayed that a preliminary injunction also issue to remain in force until final hearing. Defendant moved to vacate the ex parte restraining order. On the cross-motions the district judge below in a reasoned opinion vacated the temporary restraining order and denied the motion for the preliminary injunction. Plaintiff appeals.

We affirm the district court. We are unpersuaded that in the posture of the case before the district judge the plaintiff made the prima facie showing required of it to obtain a preliminary injunction.


Summaries of

Prestige Floral v. Zunino-Altman

United States Court of Appeals, Second Circuit
Mar 8, 1962
301 F.2d 286 (2d Cir. 1962)
Case details for

Prestige Floral v. Zunino-Altman

Case Details

Full title:PRESTIGE FLORAL, SOCIETE ANONYME, Plaintiff-Appellant, v. ZUNINO-ALTMAN…

Court:United States Court of Appeals, Second Circuit

Date published: Mar 8, 1962

Citations

301 F.2d 286 (2d Cir. 1962)

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