LEON FINKER, INC. v. SCHLUSSEL

79 Civ. 0068 (GLG).

469 F.Supp. 674 (1979)

LEON FINKER, INC., d/b/a L. F. Industries, Plaintiff, v. Joseph SCHLUSSEL, d/b/a the Diamond Registry, Defendant.

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

May 2, 1979.


Attorney(s) appearing for the Case

Brumbaugh, Graves, Donohue & Raymond, New York City, for plaintiff by Edward V. Filardi, M. Andrea Ryan, Robert B. Smith, New York City, of counsel.

Feldman & Feldman, New York City, for defendant by Marvin Feldman, Stephen E. Feldman, New York City, of counsel.


OPINION

GOETTEL, District Judge:

In this trademark action brought under the Lanham Act, the plaintiff seeks to enjoin the defendant both from using a similar, or identical, mark to its registered trademark, and from engaging in allegedly unfair competition. Plaintiff also seeks to recover monetary damages. A preliminary injunction was sought. Upon the submission of extensive papers and the hearing of argument on this motion, the Court concluded that an evidentiary...

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