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ROSS PRODUCTS, INC. v. NEW YORK MERCHANDISE CO.

233 F.Supp. 260 (1964)

ROSS PRODUCTS, INC., Plaintiff, v. NEW YORK MERCHANDISE CO., Inc., Defendant.

United States District Court S. D. New York.

May 18, 1964.

Attorney(s) appearing for the Case

Sharretts, Paley & Carter, New York City, Harry N. Borsher, New York City, of counsel, for plaintiff.

Kirschstein, Kirschstein & Ottinger, New York City, George Gottlieb, New York City, of counsel, for defendant.

TENNEY, District Judge.

Plaintiff has moved for a preliminary injunction to restrain the defendant from infringing on an alleged copyright. Defendant has cross-moved to dissolve the temporary restraining order now in effect.

"The granting of a preliminary injunction `is an exercise of a very far-reaching power, never to be indulged in except in a case clearly demanding it.' * * * `It is a cardinal principle of...

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