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PROXITE PRODUCTS, INC. v. BONNIE BRITE PRODUCTS CORP.

206 F.Supp. 511 (1962)

PROXITE PRODUCTS, INC., Plaintiff, v. BONNIE BRITE PRODUCTS CORP. and Axelrod & Kupetz, Defendants, and Bonnie-Lan, Inc., Joseph Schaevitz, Jack Schaevitz and Louis S. Fischer, Additional Defendants on Counterclaim.

United States District Court S. D. New York.

June 29, 1962.

Attorney(s) appearing for the Case

Amster & Levy, New York City, for plaintiff, Morton Amster, Jesse Rothstein and Stanley H. Lowell, New York City, of counsel.

Blum, Moscovitz, Friedman & Blum, New York City, for defendants, Richard W. Blum, Solomon Weinstein and Martin J. Beran, New York City, of counsel.

BONSAL, District Judge.

Plaintiff, Proxite Products, Inc., alleges infringement of its registered trademarks PROX BONNIE BLUE and BONNIE by the defendants' use of the trademark BONNIE BRITE. Jurisdiction is claimed under 28 U.S.C. § 1338. Defendants have counterclaimed, under 28 U.S.C. § 1338(b), alleging unfair competition; specifically that the plaintiff has copied defendants' labels.

Plaintiff and...

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