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SPEEDRY PRODUCTS, INC. v. DRI MARK PRODUCTS, INC.

No. 335, Docket 25550.

271 F.2d 646 (1959)

SPEEDRY PRODUCTS, INC., Plaintiff-Appellant, v. DRI MARK PRODUCTS, INC., Suburban Dyers & Finishers, Inc., Milton Dinowitz d/b/a Commodore Stationers, Lanart Associates, Inc., Milton Landin and Arthur S. Romm, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided November 6, 1959.

Attorney(s) appearing for the Case

Julius Kass, New York City (Bandler & Kass, Joseph Halper, New York City, on the brief), for plaintiff-appellant.

Joseph Goldberg, New York City, for defendants-appellees, Dri Mark Products, Inc., Suburban Dyers and Finishers, Inc., Milton Dinowitz d/b/a Commodore Stationers and Milton Landin.

Simon Sheib, New York City (Paul N. Sternbach, New York City, on the brief), for defendants-appellees, Lanart Associates, Inc., and Arthur S. Romm.

Before HINCKS and MOORE, Circuit Judges, and SMITH, District Judge.

MOORE, Circuit Judge.

Speedry Products, Inc., plaintiff-appellant (Speedry) appeals from an order denying its motion for a preliminary injunction by which it sought to enjoin defendants-appellees (collectively referred to as "Dri Mark") from importing, manufacturing and selling a marking device known as "Dri Mark" on the grounds that it infringed the patents on Speedry's device known as "Magic Marker" and that it "is so similar in appearance to the `Magic Marker'...

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