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FRENCH AMERICAN, ETC., CO. v. PARK PLASTICS CO.

20 N.J. Super. 325 (1952)

90 A.2d 50

FRENCH AMERICAN REEDS MANUFACTURING CO., INC., PLAINTIFF-APPELLANT, v. PARK PLASTICS CO., INC., AND CHRIS-KRATT INSTRUMENT CO., INC., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 30, 1952.

Attorney(s) appearing for the Case

Mr. Walter J. Bilder argued the cause for appellant (Messrs. Bilder, Bilder & Kaufman, attorneys).

Mr. Edward Gaulkin argued the cause for respondents (Messrs. Reed, Reynolds & Smith, attorneys).

Before Judges McGEEHAN, JAYNE and GOLDMANN.

The opinion of the court was delivered by GOLDMANN, J.A.D.

Plaintiff seeks to restrain defendants from unfairly competing with it in the manufacture and sale of plastic ukeleles. It maintains that defendants' "Flamingo" ukelele so closely resembles its "Islander" in shape, design, color, price and packaging as "to create a likelihood that the ordinary buyer will mistake defendants' ukelele for the plaintiff's * * *...

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