BABEE-TENDA CORPORATION v. SCHARCO MANUFACTURING CO.


139 F.Supp. 909 (1956)

The BABEE-TENDA CORPORATION, Babee-Tenda License Corporation, and Metropolis Bending Company, Plaintiffs, v. SCHARCO MANUFACTURING CO., Inc., and David Scharaga, Defendants.

United States District Court S. D. New York.

March 21, 1956.


Attorney(s) appearing for the Case

Kenyon & Kenyon, New York City, for plaintiffs. John A. Reilly, Hugh A. Chapin, New York City, Oldham & Oldham, Akron, Ohio, Vern L. Oldham, Cleveland, Ohio, of counsel.

Victor M. Helfand, New York City, for defendants. Julius E. Foster, New York City, of counsel.


WALSH, District Judge.

The court states the basis for its determination as follows:

During the trial of this case the parties wisely decided to settle their differences on the basis of a consent decree which I am asked to approve, and which I do now approve. The effect of this decree will be to restrain the defendants from making any future use of the terms "baby tender" or "tender" in relationship to their products.

Due to the unusual nature of this...

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