PEST-GUARD PRODS. v. ROYAL PAPER WKS.


28 Misc.2d 171 (1960)

Pest-Guard Products, Inc., Plaintiff, v. Royal Lace Paper Works, Inc., et al., Defendants.

Supreme Court, Special Term, Kings County.

November 3, 1960


Attorney(s) appearing for the Case

Rogers, Hoge & Hill for defendants. Erdheim & Armstrong for plaintiff.


GEORGE EILPERIN, J.

In an action to enjoin defendants from using a certain trade-mark and to enjoin them from using packaging and advertising similar to that used by the plaintiff corporation, defendants move for judgment on the pleadings dismissing the complaint and granting defendants partial relief on its counterclaim.

In substance the complaint alleges that plaintiff created an unique insecticide treated shelf and lining paper which combined...

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