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INT'L LATEX CORP. v. FLEXEES, INC.

281 A.D. 363 (1953)

International Latex Corporation, Respondent, v. Flexees, Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

March 3, 1953.

Attorney(s) appearing for the Case

Asher Blum of counsel (Mock & Blum, attorneys), for appellants.

Milton Handler of counsel (Arthur M. Borden, Sidney J. Silberman with him on the brief; Lorenz, Finn & Nobiletti, attorneys), for respondent.

DORE, J. P., and BREITEL, J., concur with BERGAN, J.; COHN, J., dissents in part, in opinion.

BERGAN, J.

Plaintiff International Latex Corporation manufactures and sells under its registered trade-mark "Playtex" articles made of latex rubber which include women's girdles. In 1940 plaintiff began to sell girdles individually packaged in a slim tubular container displayed in a counter dispenser.

Plaintiff's chairman of board of directors described this method of display and sale as "unique, distinctive...

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