MODEL-ETTS CORP. v. MERCK & CO.


118 F.Supp. 259 (1953)

MODEL-ETTS CORP. v. MERCK & CO., Inc.

United States District Court S. D. New York.

September 17, 1953.


Attorney(s) appearing for the Case

Steinberg & Schwartz, New York City, for plaintiff.

Pennie, Edmonds, Morton, Barrow & Taylor, New York City, for defendant.


DIMOCK, District Judge.

Plaintiff, Model-Etts Corp., moves for a preliminary injunction in its action for trade mark infringement and unfair competition. It is the manufacturer of an appetite satient sold under the trademark Model-Etts. Plaintiff started using this trade mark for its product in July 1951. The product is in the form of a tablet which is claimed to be effective in reducing the desire for food. It is marketed in jars. Plaintiff sells its product primarily...

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