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APOLLO DISTRIBUTING COMPANY v. APOLLO IMPORTS INC.

No. 71 Civ. 1718.

341 F.Supp. 455 (1972)

APOLLO DISTRIBUTING COMPANY, a corporation of New Jersey, Plaintiff, v. APOLLO IMPORTS INC., a corporation of New York, Defendant.

United States District Court, S. D. New York.

March 30, 1972.

Attorney(s) appearing for the Case

Howard Miskin, New York City, for plaintiff; Leiner, David & Littenberg, Newark, N. J., of counsel.

Norman Bluestone, Brooklyn, N. Y., for defendant.

OPINION

EDWARD WEINFELD, District Judge.

Plaintiff, a New Jersey corporation, which for more than fifty years has sold, distributed and serviced various household appliances under the trade name "Apollo", commenced this action to enjoin the defendant, a New York corporation, from using the name in the sale and distribution of radios, walkie-talkies, tape recorders and similar products. The complaint alleges three separate claims: trademark infringement,...

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