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SQUEEZIT CORP. v. PLASTIC DISPENSERS, INC.

31 N.J. Super. 217 (1954)

106 A.2d 322

SQUEEZIT CORPORATION, PLAINTIFF-APPELLANT, v. PLASTIC DISPENSERS, INC., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 16, 1954.

Attorney(s) appearing for the Case

Mr. Walter D. Van Riper argued the cause for plaintiff-appellant (Messrs. Van Riper and Belmont, attorneys).

Mr. Thomas J. O'Neill argued the cause for defendant-respondent (Messrs. Crummy, Consodine & Gibbons, attorneys; Mr. Norman N. Popper, of counsel).

Before Judges CLAPP, SMALLEY and SCHETTINO.

The opinion of the court was delivered by SCHETTINO, J.S.C. (temporarily assigned).

This appeal is taken from a judgment of the Chancery Division of this court dismissing plaintiff's complaint. Plaintiff sued to enjoin alleged unfair competition by the sale and distribution of a plastic catsup dispenser and for an accounting of profit.

Defendant produces, like the plaintiff, a dispenser in a shape resembling a tomato, colored either red and yellow, and adorned...

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