VITARROZ CORPORATION v. RIVER BRAND RICE MILLS, INC.

No. 65 Civ. 2735.

266 F.Supp. 981 (1967)

VITARROZ CORPORATION v. RIVER BRAND RICE MILLS, INC.

United States District Court S. D. of New York.

April 12, 1967.


Attorney(s) appearing for the Case

Brumbaugh, Free, Graves & Donohue, New York City, for plaintiff.

Watson, Leavenworth, Kelton & Taggart, New York City, for defendant.


RYAN, District Judge.

In this suit charging unfair competition in the sale of packaged rice, defendant has moved for summary judgment. The complaint seeking temporary as well as permanent injunctive relief was filed in September 1965; no motion for temporary injunctive relief has been made by plaintiff.

The complaint, based on diversity, charges that defendant has competed unfairly with plaintiff by copying the "trade dress" originated, adopted and popularized...

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