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CONSUMERS UNION OF U. S., INC. v. LECTRA SALES CORP.

179 F.Supp. 161 (1959)

CONSUMERS UNION OF UNITED STATES, INC., Plaintiff, v. LECTRA SALES CORPORATION, Fred P. Dollenberg, doing business under the trade name and style of Lectra Fuel Igniter Co., Esquire, Inc., Guenther Publishing Corp., Veterans of Foreign Wars of United States and Newsstand Publications, Inc., Defendants.

United States District Court S. D. New York.

September 19, 1959.

Attorney(s) appearing for the Case

Karpatkin & Karpatkin, New York City (Rhoda Henkrick Karpatkin and Marvin Moses Karpatkin, New York City, of counsel), for plaintiff.

Gettinger & Gettinger, New York City (Irving J. Kaufman, New York City, of counsel), for Lectra Sales Corp. and F. P. Dollenberg.

Cravath, Swaine & Moore, New York City (Harold R. Medina, Jr., New York City, of counsel), for Esquire, Inc.

Henry E. Schultz, New York City (Roger A. Schultz, New York City, of counsel), for Newsstand Publications, Inc.

Francis Leffler, New York City, for Guenther Pub. Corp.

Yellon Banno & Lombardo, Mineola (Herman Yellon, Mineola, of counsel), for Veterans of Foreign Wars of U. S.

MURPHY, District Judge.

Motion to continue a temporary restraining order entered in this action, iter alia, for trademark infringement, and for a preliminary injunction against the publisher defendants is granted.

Plaintiff, a membership corporation, is a testing company which publishes a magazine called Consumer Reports wherein it provides information and advice relating to consumer goods but in which it does not promote commercially any product tested and...

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