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LIONEL CORP. v. KLEIN

106 A.2d 525 (1954)

LIONEL CORP. v. KLEIN.

Court of Chancery of Delaware, New Castle County.

June 23, 1954.

Attorney(s) appearing for the Case

Thomas Cooch, of the firm of Connolly, Cooch & Bove, Wilmington, for plaintiff.

David Snellenburg II, of the firm of Killoran & Van Brunt, Wilmington, for defendant.

BRAMHALL, Vice-Chancellor.

Plaintiff is engaged in the manufacture and sale of toy electric trains which it sells to distributors, wholesalers, and retailers under the brand or trade names of "Lionel" and "Lionel Trains", and in containers which bear plaintiff's name and said brand or trade names. The word "Lionel" is a registered trade mark of plaintiff.

Plaintiff has entered into contracts known as "Retail Price Maintenance Agreements", or "Fair Trade Agreements...

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