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FORBO-GIUBIASCO S. A. v. CONGOLEUM CORP.

No. 78 Civ. 5390 (MEL).

482 F.Supp. 716 (1980)

FORBO-GIUBIASCO S. A., Plaintiff, v. CONGOLEUM CORPORATION, Defendant.

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

January 3, 1980.

Attorney(s) appearing for the Case

Toren, McGeady & Stanger, P. C., New York City, for plaintiff; David Toren, Michael J. Kunstler, Samuel B. Mayer, New York City, of counsel.

D'Amato & Lynch, New York City, for defendant; Robert E. Meshel, Margaret M. O'Neill, Philip Vernon Chabot, New York City, of counsel.

LASKER, District Judge.

Forbo-Giubiasco, S.A., ("Giubiasco") manufactures and sells cushioned vinyl products under a license from Congoleum Corporation ("Congoleum"), which owns patents on those products. Giubiasco sells licensed products to wholesalers and retailers only in Switzerland; licensed products which it manufactures for consumption outside Switzerland are sold to "sister companies" — that is, other subsidiaries...

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