STIX PRODUCTS, INC. v. UNITED MERCHANTS & MANUFACTURERS INC.

No. 62 Civ. 814.

273 F.Supp. 250 (1967)

STIX PRODUCTS, INC., Plaintiff, v. UNITED MERCHANTS & MANUFACTURERS INC., Defendant, v. The FIRESTONE TIRE AND RUBBER COMPANY, Counterclaim Defendant.

United States District Court S. D. New York.

July 3, 1967.


Attorney(s) appearing for the Case

Pennie, Edmonds, Morton, Taylor & Adams, New York City, for plaintiff and Counterclaim defendant, Charles J. Brown, New York City, of counsel.

Kenyon & Kenyon, New York City, for defendant, Edward A. Ruestow, John A. Reilly, William J. Ungvarsky, New York City, of counsel.


PALMIERI, District Judge.

This is a motion by defendant United Merchants & Manufacturers Inc. (United) for a preliminary injunction in an action begun over five years ago, in which the plaintiff seeks a declaratory judgment that the word "contact" as used by it in the marketing of its goods is lawful and does not infringe the defendant's registered trademark "CONTACT". United has counterclaimed for trademark infringement, unfair competition and dilution. The goods...

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