FERRARA v. SCHARF

No. 78 Civ. 3776-CLB.

466 F.Supp. 125 (1979)

Jeanne FERRARA, Carl Ferrara and J & C Ferrara Co., Inc., Plaintiffs, v. Leon SCHARF, Dave Scharf, Manuel Scharf, Ernest Katz, Larry Klein and Ferrara Creations, Inc., Defendants.

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

January 16, 1979.


Attorney(s) appearing for the Case

Douglas F. Eaton, New York City, for plaintiffs.

Bernstein & Bernstein, New York City, for defendants.


FINDINGS AND CONCLUSIONS

BRIEANT, District Judge.

By their verified complaint filed August 15, 1978, plaintiffs alleged two claims: (1) that defendants had engaged in misrepresentations and false descriptions as to the origin of their goods in interstate commerce, in violation of 15 U.S.C. § 1125(a); and (2) had engaged in unfair competition and dilution of plaintiffs' unregistered trademark, in violation of § 368-d of the New York State General...

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