SIMMONS, INC. v. SIMMONS-KING


10 Misc.2d 812 (1958)

Robert Simmons, Inc., Plaintiff, v. Simmons-King, Inc., et al., Defendants.

Supreme Court, Special and Trial Term, New York County.

February 14, 1958.


Attorney(s) appearing for the Case

Schulman & Muraskin for plaintiff.

Frederick W. Appell and Cyrus Austin for A. Langnickel, Inc., defendant.


HENRY EPSTEIN, J.

Plaintiff seeks to enjoin defendants from coloring the handles of paint brushes with a green tip, and asks for an accounting, damages and other relief. Defendants deny any such alleged unfair competition and counter with a prayer for injunctive relief against plaintiff's use of the name "Simmons" and use of an advertising format similar to defendant's. Common-law rights alone are involved,...

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