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REMCO INDUSTRIES, INC. v. TOYOMENKA, INC.

No. 551, Docket 32386.

397 F.2d 977 (1968)

REMCO INDUSTRIES, INC., Appellant, v. TOYOMENKA, INC. and Bert Gorman, Inc. d/b/a Bert Gorman & Associates, Appellees.

United States Court of Appeals Second Circuit.

Decided June 27, 1968.

Attorney(s) appearing for the Case

Haynes N. Johnson, and Robertson, Bryan, Parmelee & Johnson, Stamford, Conn. (Roland T. Bryan and Paul L. Bollo, Stamford, Conn., of counsel), for appellant.

Harold Baer, Jr., New York City (William J. Cohen, Joel H. Kagan, Howard B. Weinreich and Guggenheimer & Untermyer, New York City, on the brief), for appellees.

Before MOORE, FRIENDLY and FEINBERG, Circuit Judges.

PER CURIAM:

Appellant, Remco Industries, Inc., initiated the present action against appellees Toyomenka, Inc. and Bert Gorman & Associates for unfair competition and violation of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a). The complaint which sought a permanent injunction and damages, alleged that appellees were unfairly competing in the sale of a certain toy jeep. A motion for a preliminary injunction enjoining the appellees, during the pendency...

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