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LEE v. PARK LANE TOGS

81 F.Supp. 853 (1948)

LEE et al. v. PARK LANE TOGS, Inc.

United States District Court S. D. New York.

October 11, 1948.

Attorney(s) appearing for the Case

Erwin Feldman, of New York City (Joseph Walker, of New York City, of counsel), for plaintiffs.

Marco J. Shemaria, of New York City, for defendant.

LEIBELL, District Judge.

The complaint is based on unfair competition. It alleges that defendant has used the words "Park Lane" in its corporate name and trade-mark in selling women's apparel, of the same quality and character as the merchandise manufactured and sold by plaintiff under plaintiff's trade-mark "Park Lane", that sales are made by defendant to the same class of retail outlets as those to which plaintiff's are sold, and that the general public is misled...

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