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CARTER-WALLACE, INC. v. EVER-DRY CORPORATION

No. 67 Civ. 4170.

290 F.Supp. 735 (1968)

CARTER-WALLACE, INC., Plaintiff, v. EVER-DRY CORPORATION, Defendant.

United States District Court S. D. New York.

August 8, 1968.

Attorney(s) appearing for the Case

von Maltitz, Derenberg, Kunin & Janssen, New York City, for plaintiff.

Shenier & O'Connor, New York City, for defendant.

MANSFIELD, District Judge.

In this action for a declaratory judgment to ascertain whether plaintiff, Carter-Wallace, Inc., by its use of the words "Extra Dry" on its "Arrid" personal deodorant products, has unfairly competed with defendant, Ever-Dry Corporation, a manufacturer of similar products, which has challenged such use in a trademark infringement suit against plaintiff in the Western District of Tennessee, both parties have made motions that raise

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