Order entered May 14, 1969, unanimously modified, on the law and the facts, so as to delete, effective as of the date of the order entered hereon, the provisions of paragraph 3 thereof enjoining defendants-appellants from selling any exercise wheel and as so modified, affirmed, without costs or disbursements.
Defendants may not be enjoined from copying and selling an unpatented article, in the absence of trade-mark infringement or unfair competition. (Sears, Roebuck...
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