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MERRY HULL & COMPANY v. HI-LINE CO.

243 F.Supp. 45 (1965)

MERRY HULL & COMPANY, Plaintiff, v. HI-LINE CO., Inc., Gay Sprites, Inc., Charles H. Sheldon, David I. Tuckerman, Chester Weinreb, Fred Dallmayer and Phyllis Berens, Defendants. MERRY HULL & COMPANY, Plaintiff, v. MERRY MITES, INC., Defendant.

United States District Court S. D. New York.

July 2, 1965.

Attorney(s) appearing for the Case

Brumbaugh, Free, Graves & Donohue, New York City, for plaintiff; John F. Neary, Jr., Richard A. Lochner, Daniel H. Brown, New York City, of counsel.

Watson, Leavenworth, Kelton & Taggart, New York City, for defendants Hi-Line Co., Inc., Charles H. Sheldon, David I. Tuckerman, Chester Weinreb and Phyllis Berens; Leslie D. Taggart, Herbert Blecker, Nicholas John Stathis, Albert Robin, New York City, of counsel.

Irving Seidman, New York City, for defendant Gay Sprites, Inc.

RYAN, Chief Judge.

These two consolidated suits were filed by plaintiff charging all the defendants with infringement of the registered trademarks "Merry Mites", and "Tall Trousers", and with infringement of a patent on the overall "Tall Trousers", unfair competition in the use of the names Gay Sprites and High Pants and in the appropriation of plaintiff's designs and styles, and conspiracy among all defendants to engage in these acts. Plaintiff seeks an injunction...

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