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FERBER CORP. v. NORTHERN INDUS. PRODUCTS, INC.

15 N.J. Super. 283 (1951)

83 A.2d 372

FERBER CORPORATION, PLAINTIFF, v. NORTHERN INDUSTRIAL PRODUCTS, INCORPORATED, AND ALL-RITE PEN, INCORPORATED, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided September 4, 1951.

Attorney(s) appearing for the Case

Messrs. Morrison, Lloyd & Griggs (Mr. Maxwell E. Sparrow, of the New York Bar, of counsel), attorneys for plaintiff.

Messrs. Schneider & Schneider (Mr. Oscar R. Wilensky, of counsel), attorneys for defendants.

GRIMSHAW, J.S.C.

The plaintiff corporation, which has been in business since 1947, is engaged in the manufacture of inexpensive ball-pointed pens with plastic barrels designed to resemble pencils. The first pen put on the market, in 1947, by the Ferber Company, had an opaque plastic barrel. The present product, first marketed in 1948, has a barrel of translucent plastic. The plaintiff does not have a patent covering either product.

The Ferber business is entirely...

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