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KOPPER'S CHOCOLATE SPECIALTY CO., INC. v. DAVID KOPPER CANDY CORP.

4 A.D.2d 1013 (1957)

Kopper's Chocolate Specialty Co., Inc., Appellant, v. David Kopper Candy Corporation, Respondent, et al., Defendant

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

December 5, 1957

Judgment affirmed, with costs to respondent.

Rabin, J. dissents and votes to reverse and order a new trial in the following memorandum:

In my opinion plaintiff established a prima facie case since the agreement in evidence indicates that Kopper, through whom defendants base their right to use the name, gave up to the plaintiff all "claim" and "any proprietary interest" therein. Although on this record...

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