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GOODYEAR TIRE & RUBBER CO. v. TOPPS OF HARTFORD, INC.

Civ. No. 10769.

247 F.Supp. 899 (1965)

The GOODYEAR TIRE & RUBBER COMPANY v. TOPPS OF HARTFORD, INC., Topps of East Hartford, Inc., Topps of Berlin, Inc., Topps-Stanley, Inc., Betz-Middletown, Inc., d/b/a Topps, Betz-New Haven, Inc., d/b/a Topps.

United States District Court D. Connecticut.

January 29, 1965.

Attorney(s) appearing for the Case

Roger B. McCormick, McCormick, Paulding & Huber, Hartford, Conn., for plaintiff. Francis C. Browne, Browne, Schuyler & Beveridge, Wm. E. Schuyler, Jr., Washington, D. C., of counsel.

J. Read Murphy, Hartford, Conn., Abraham Friedman, Brooklyn, N. Y., for defendants.

BLUMENFELD, District Judge.

This is an action by The Goodyear Tire & Rubber Company against six corporate defendants, each of which operates a discount department store under the name "Topps," as part of a retail chain. The plaintiff seeks an injunction and damages for unfair competition in passing off goods manufactured by others of materials made by others as goods manufactured by the plaintiff or from materials made by the plaintiff.

Affidavits were...

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