SACHS, ETC., RADIO CO. v. SACHS QUALITY STORES


39 N.J. Super. 70 (1956)

120 A.2d 477

SACHS FURNITURE & RADIO CO., PLAINTIFF-RESPONDENT, v. SACHS QUALITY STORES CORP., DEFENDANT, SACHS QUALITY STORES, INC., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 10, 1956.


Attorney(s) appearing for the Case

Mr. Archibald Kreiger argued the cause for the respondent (Messrs. Bornstein, Kohlreiter & Rubinson, attorneys).

Mr. Mahlon Pitney argued the cause for the appellant (Messrs. Pitney, Hardin & Ward, attorneys; Mr. Roger C. Ward and Mr. William D. Hardin, counsel on the brief).

Before Judges CLAPP, JAYNE and FRANCIS.


The opinion of the court was delivered by FRANCIS, J.A.D.

In this action an injunction was granted which provided that so long as the plaintiff continues to operate a furniture store at or in the area of 75 Market Street, Newark, New Jersey, the defendant shall not sell furniture in that area under the name "Sachs." The legal and equitable propriety of the restraint has been submitted to us for examination.

The plaintiff Sachs Furniture & Radio Co., a...

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