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"The only thing necessary for the triumph of evil is for good men to do nothing"
Edmund Burke


Precious Moments vs La Infantil, 1997, (D.P.R.) 971 F.Supp. 66

PLAINTIFF: Precious Moments marketed fabric with trademarked and copyrighted designs.

DEFENDANT : La Infantil, Inc., is a retail store that sells baby products, including bedding from authentic, lawfully-acquired Precious Moments fabrics.

Precious Moments sought a preliminary injunction stopping the manufacture and sale of children's bedding made from their licensed fabric.

District Court denied the injunction stating the First Sale Doctrine allowed the fabric to be cut and then resold, stating that bedding items manufactured with lawfully acquired, authentic fabric with copyrighted design were not infringing derivative works. District Court did require defendant to include a disclaimer tag on the bedding.

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