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AMERICAN OPTICAL COMPANY v. RAYEX CORPORATION

No. 66 Civ. 1633.

266 F.Supp. 342 (1966)

AMERICAN OPTICAL COMPANY and C'Bon, Inc., Plaintiffs, v. RAYEX CORPORATION and Monaco Optical Corporation, Defendants.

United States District Court S. D. New York.

June 28, 1966.

Attorney(s) appearing for the Case

Amster & Rothstein, New York City, Morton Amster, New York City, of counsel, for plaintiffs.

A. J. Nydick, New York City, for defendants.

OPINION

TENNEY, District Judge.

This motion is to enjoin certain alleged activities of the defendants herein. Jurisdiction of the Court is based on Sections 39 and 43(a) of the Lanham Act, 15 U.S.C. §§ 1121, 1125(a), as well as diversity of citizenship.

The activity involved is the alleged use by defendants, in their sunglass catalogue, of a photograph of plaintiffs' higher quality sunglass...

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