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BARTON CANDY CORP. v. TELL CHOCOLATE NOVELTIES CORP.

Civ. No. 16171.

178 F.Supp. 577 (1959)

BARTON CANDY CORPORATION, Plaintiff, v. TELL CHOCOLATE NOVELTIES CORP., Henry C. Ricci, Herbert Frank and Martin Frank, Defendants.

United States District Court E. D. New York.

November 18, 1959.

Attorney(s) appearing for the Case

Bader & Bader, New York City, for plaintiff, I. Walton Bader and Hyman J. Fliegel, New York City, of counsel.

Amster & Levy, New York City, for defendants, Morton Amster, New York City, of counsel.

BARTELS, District Judge.

Plaintiff, a well known manufacturer of chocolate products, seeks redress for alleged copyright infringement and unfair competition against the defendant Tell Chocolate Novelties Corp. and its officers and directors (hereinafter collectively referred to as "defendant"). In addition to denying plaintiff's claim, defendant in a counterclaim accuses plaintiff of bad faith, harassment and unfair competition...

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