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

242 F.Supp. 878 (1965)

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

United States District Court S. D. New York.

June 24, 1965.

Attorney(s) appearing for the Case

Sharretts, Paley & Carter, New York City, for plaintiff, Harry N. Borsher, Cowan, Liebowitz & Latman, Alan Latman, Sanford I. Ruden, New York City, of counsel.

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

FEINBERG, District Judge.

This is an action for copyright infringement seeking damages and a permanent injunction. Both plaintiff and defendant sell almost identical models of an inflatable vinyl toy in the shape of a baseball catcher which serves as a target for aspiring young pitchers. An employee of plaintiff created the item, possibly in collaboration with a Japanese citizen, and arranged to have it manufactured in Japan. In October 1963, the Japanese manufacturer...

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