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RED DEVIL TOOLS v. TIP TOP BRUSH CO.

92 N.J. Super. 570 (1966)

224 A.2d 336

RED DEVIL TOOLS, A CORPORATION OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. TIP TOP BRUSH CO., INC., ET AL., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided November 18, 1966.

Attorney(s) appearing for the Case

Mr. T. James Tumulty argued the cause for appellants.

Mr. Jerome C. Eisenberg argued the cause for respondent (Messrs. Clapp & Eisenberg, attorneys; Mr. Stuart L. Pachman on the brief).

Before Judges SULLIVAN, KOLOVSKY and CARTON.

The opinion of the court was delivered by KOLOVSKY, J.A.D.

Defendants appeal from a final judgment which

(1) enjoins them "from using and causing to be used the words `Red Devil' and any representation of a devil upon brushes sold or offered for sale by any of them, directly or indirectly, and from using and causing to be used the words `Red Devil' and any representation of a devil upon any type of advertising and sales promotion literature for brushes, and...

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