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BERCY INDUSTRIES, INC. v. MECHANICAL MIRROR WORKS, INC.

No. 67 Civ. 3420.

274 F.Supp. 157 (1967)

BERCY INDUSTRIES, INC., Plaintiff, v. MECHANICAL MIRROR WORKS, INC. and Artistic Factory Products, Inc., Defendants.

United States District Court S. D. New York.

October 2, 1967.

Attorney(s) appearing for the Case

Kenyon & Kenyon, New York City, from plaintiff, Charles R. Brainard, Thomas L. Creel, New York City, of counsel.

Victor M. Helfand, and Mackler Brothers, New York City, for defendants, Seymour G. Mackler, New York City, of counsel.

OPINION

BRYAN, District Judge:

Plaintiff, Bercy Industries, Inc. (Bercy), sues for infringement of a design patent on a portable illuminable mirror, unfair competition with respect to this product, and misleading designation of origin in violation of § 43(a) of the Lanham Act, 15 U.S.C. § 1125. The complaint seeks injunctive relief and damages. Jurisdiction is based upon 28 U.S. C. § 1338(a) and (b). Plaintiff moves for a preliminary injunction...

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