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LISTO PENCIL CORPORATION v. A & W PRODUCTS CO.

185 F.Supp. 27 (1960)

LISTO PENCIL CORPORATION, Plaintiff, v. A & W PRODUCTS CO., Inc., Defendant.

United States District Court S. D. New York.

June 28, 1960.

Attorney(s) appearing for the Case

Rosston, Hort & Brussel, New York City, for plaintiff; George Brussel, Jr., Edward Labaton, New York City, of counsel.

Morton Amster, Amster & Levy, New York City, for defendant; Henry Schweitzer, New York City, of counsel.

DIMOCK, District Judge.

This is a motion for an injunction pendente lite against defendant's use of the name "Sisto" and against copying the design of plaintiff's marking pencil sold under the name of "Listo".

Since 1921 plaintiff's principal business has been and continues to be the manufacture and sale of mechanical pencils. Since 1936 plaintiff has specialized in the manufacture of mechanical marking pencils No. 1620. Since 1921 plaintiff has used the name...

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