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MUSHROOM MAKERS, INC. v. R. G. BARRY CORP.

No. 917, Docket 77-7619.

580 F.2d 44 (1978)

MUSHROOM MAKERS, INCORPORATED, Plaintiff-Appellee, v. R. G. BARRY CORPORATION, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 11, 1978.

Attorney(s) appearing for the Case

Walter D. Ames, Washington, D. C. (Watson, Cole, Grindle & Watson, Washington, D. C., Henry B. Roth and Herzfeld & Rubin, New York City, of counsel), for defendant-appellant.

Leslie D. Taggart, New York City (Frank J. Colucci, Howard B. Barnaby, Jr., and Watson, Leavenworth, Kelton & Taggart, New York City, and Sumner Silver, David A. Talman and Talamo, Phillips, Silver & Talman, Inc., Worcester, Mass., of counsel), for plaintiff-appellee.

Before KAUFMAN, Chief Judge, FEINBERG, Circuit Judge, and WERKER, District Judge.

PER CURIAM:

In this appeal from a judgment and order of the United States District Court for the Southern District of New York, Edward Weinfeld, Judge, defendant-appellant R. G. Barry Corporation ("Barry") contends that it was error to dismiss its counterclaims for trademark infringement, unfair competition and false designation of origin and deny a motion for leave to file an additional counterclaim under the New York anti-dilution statute.

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