## Facts

- Peter Pan Fabrics, Inc. obtained Copyright Certificate No. H 7290 for a design printed on dress fabric known as “Style 680, Range 1, Byzantium.”
- Henry Glass & Co., Peter Pan’s parent company, marketed goods bearing the copyrighted design.
- The design consisted of repeating Near East–suggestive motifs, including architectural arches, figures similar to those found in Oriental rugs, and tablet shapes bearing imitations of Arabic-style writing and other decorative elements.
- Brenda Fabrics, Inc. produced and sold printed dress fabric that was almost indistinguishable from plaintiffs’ fabric.
- The court compared samples submitted by plaintiffs and found the defendant’s design substantially identical in form and substantially identical in color.
- Any differences between the fabrics were consistent with a design copied by hand rather than reproduced photographically.
- A plaintiffs’ affiant swore the plaintiffs’ design was original; the defendant did not deny originality, leaving no claim that both parties copied from a common source.
- Given the level of detail in the design and the close match between the two fabrics, the court found that independent creation was not plausible and concluded defendant deliberately copied plaintiffs’ design.
- Plaintiffs moved for a preliminary injunction in their copyright infringement action.

## Issues

1. Whether a design printed on dress fabric is a proper subject of copyright protection under the enumerated classes in 17 U.S.C. § 5, including “works of art; models or designs for works of art” and “prints and pictorial illustrations … used for articles of merchandise.”
2. Whether plaintiffs’ showing of validity and copying justified preliminary injunctive relief barring further manufacture and sale pending final resolution.

## Decision

- The court held that the plaintiffs’ printed fabric design was copyrightable subject matter under the Copyright Act’s registration classes, including at least “prints and pictorial illustrations” and consistent with “works of art.”
- Relying on the principle that copyright does not turn on judgments of artistic merit, the court rejected the argument that a commercial textile pattern falls outside copyright protection merely because it is used on merchandise.
- The court found deliberate copying and substantial identity between the designs, with differences explained by free-hand copying.
- The court granted plaintiffs’ motion for a preliminary injunction restraining the defendant from further infringement during the pendency of the action.

## Legal Principles

- A pictorial or graphic design printed on dress fabric may qualify as copyrightable subject matter within the Copyright Act’s enumerated registration classes, including “prints and pictorial illustrations … used for articles of merchandise.”
- “Art” for copyright purposes is not limited to works of high artistic standing; commercial designs are not excluded simply because they are made and sold for profit.
- When a plaintiff shows a valid registration and the defendant’s work is nearly identical in form and color, a court may infer copying, especially where the defendant does not dispute the plaintiff’s originality and no common source is shown.
- At the preliminary-injunction stage, a strong showing on validity and infringement—particularly where copying appears intentional—can support immediate injunctive relief to prevent continued unauthorized reproduction and sale.

## Conclusion

The court concluded that Peter Pan’s copyrighted “Byzantium” dress-fabric print was protectable under the Copyright Act’s enumerated classes and, because Brenda’s fabric was nearly identical and found to be deliberately copied, granted a preliminary injunction prohibiting further infringement while the case proceeded.


Peter Pan Fabrics, Inc. v. Brenda Fabrics, Inc., 169 F. Supp. 142 (1959)