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ALL AM. BRUSH MFG. CORP. v. CLAIROL, INC.

30 A.D.2d 523 (1968)

All American Brush Mfg. Corp., Respondent, v. Clairol, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 23, 1968

Order entered January 19, 1968, granting in part injunction pendente lite, unanimously reversed, on the law and the facts, without costs and without disbursements, and the motion denied.

There is no clear showing of irreparable damage. (De Candido v. Young Stars, 10 A.D.2d 922.) Plaintiff's market is localized and has not been exploited by defendant. Moreover, it appears that defendant-appellant will discontinue use...

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