UNITED MERCHS. v. AMTEX FABRICS


29 Misc.2d 86 (1961)

United Merchants and Manufacturers, Inc., Plaintiff, v. Amtex Fabrics, Inc., Defendant.

Supreme Court, Special Term, New York County.

January 30, 1961


Attorney(s) appearing for the Case

Stroock & Stroock & Lavan for plaintiff. Weiser & Jacobs (Theodore T. Weiser and Ronald Eisenman of counsel), for defendant.


SAMUEL H. HOFSTADTER, J.

The plaintiff and its subsidiary corporations have for many years been engaged in the business of manufacturing and marketing textile fabrics of various kinds on an extension scale. In 1933 it adopted the name "Ameritex" as its trade-mark and it and its divisions and subsidiaries have used this name uninterruptedly ever since to identify their textile products. The trade-mark "Ameritex" was registered in the United States Patent...

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