MASTRO PLASTICS CORP. v. EMENEE INDUS., INC.


19 A.D.2d 600 (1963)

Mastro Plastics Corp., Respondent, v. Emenee Industries, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 11, 1963


Order, entered on February 20, 1963, denying defendant's motion to dismiss the second amended complaint for insufficiency, unanimously affirmed, with $20 costs and disbursements to the respondent.

The second amended complaint alleges a violation of section 43-a of the Lanham Act and seeks remedies. thereunder. It is alleged that the defendant is engaged in interstate commerce; that defendant's merchandise is inferior to the sample obtained from the competitor plaintiff...

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