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NATIONAL DYNAMICS CORPORATION v. JOHN SURREY, LTD.

238 F.Supp. 423 (1964)

NATIONAL DYNAMICS CORPORATION, Plaintiff, v. JOHN SURREY, LTD., Defendant. JOHN SURREY, LTD., Third-Party Plaintiff, v. EQUALITY PLASTICS, INC., Third-Party Defendant.

United States District Court S. D. New York.

Supplemental Opinion December 30, 1964.

Attorney(s) appearing for the Case

Amster & Rothstein, New York City, for plaintiff.

Leonard Belford, New York City, for defendant.

PALMIERI, District Judge.

In this action for unfair competition a preliminary injunction was granted by Judge Wyatt of this Court in an opinion dated November 20, 1963, 238 F.Supp. 422. The defendant, which is engaged in the mail order business, has used a photographic reproduction of plaintiff's product, an automobile defroster gun, although it is clear that defendant is engaged in the sale of an inferior product not obtained...

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