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THOMAS J. LIPTON, INC. v. BORDEN INC.

72 Misc.2d 757 (1972)

Thomas J. Lipton, Inc., Plaintiff, v. Borden Inc., Defendant.

Supreme Court, Special Term, New York County.

November 27, 1972

Attorney(s) appearing for the Case

Cravath, Swaine & Moore (Harold R. Medina, Jr., and Thomas C. Hauser of counsel), for plaintiff. William J. Condon and Raymond D. McMurray for defendant.

ARNOLD G. FRAIMAN, J.

This is a motion by plaintiff Thomas J. Lipton, Inc. (Lipton) for a preliminary injunction enjoining defendant Borden Inc. (Borden) from simulating the elements of plaintiff's package in any combination that may confuse the public, on the ground that defendant is committing acts of unfair competition against plaintiff.

The product involved is an instant soup packaged for single...

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