BRISTOL-MYERS CO. v. STAFF SUPERMARKETS


44 Misc.2d 634 (1964)

Bristol-Myers Company, Plaintiff, v. Staff Supermarket Associates, Inc., et al., Defendants.

Supreme Court, Special Term, Nassau County.

November 23, 1964


Attorney(s) appearing for the Case

Gilbert H. Weil, Alfred T. Lee and James F. Niehoff for plaintiff. Samuel S. Goldberg and Jesse Safir for Staff Supermarket Associates, Inc., and another, defendants.


MARIO PITTONI, J.

Plaintiff moves for a temporary injunction to restrain defendants from (a) affixing or in any way referring to the mark "Bufferin" or the trade name "Bristol-Myers" upon or in connection with any merchandise, (b) selling any merchandise to which that mark or name has been affixed or in connection with which reference is made to such mark or name, and (c) representing that any merchandise not so identified by plaintiff is "Bufferin",...

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