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B & L SALES ASSOCIATES v. H. DAROFF & SONS, INC.

No. 68 Civil 826.

298 F.Supp. 908 (1969)

B & L SALES ASSOCIATES, Plaintiff, v. H. DAROFF & SONS, INC., Defendant.

United States District Court S. D. New York.

April 25, 1969.

Attorney(s) appearing for the Case

Segal & Dorris, Flushing, N. Y., for plaintiff, Wolf, Greenfield & Hieken, Boston, Mass., of counsel.

Weil, Gotshal & Manges, New York City, for defendant, Caesar, Rivise, Bernstein & Cohen, Philadelphia, Pa., of counsel.

OPINION

FREDERICK van PELT BRYAN, District Judge:

The complaint of plaintiff B & L Sales Associates (B & L), in three counts, charges defendant H. Daroff & Sons, Inc. (Daroff), with trademark infringement, unfair competition, and trademark dilution. The same facts, many of which are not in dispute, form the basis of the three claims. Daroff now moves for summary judgment pursuant to Rule 56 F.R.Civ.P. Jurisdiction is based on 15 U.S.C. §...

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