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

14 N.Y.2d 498 (1964)

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

Court of Appeals of the State of New York.

Decided February 20, 1964.

Attorney(s) appearing for the Case

Lewis A. Stern and Leon Silverman for appellant.

David W. Kahn and William M. Kahn for respondent.

Concur: Chief Judge DESMOND and Judges DYE, VAN VOORHIS, BURKE and SCILEPPI. Judges FULD and BERGAN dissent and vote to reverse and to dismiss the complaint upon the ground that the complaint fails to state a cause of action under the Lanham Act.

Order affirmed, with costs. Question certified answered in the affirmative...

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