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IDEAL TOY CORP. v. CHINESE ARTS & CRAFTS INC.

Nos. 81 CIV. 3015 (CBM), 81 CIV. 3111 (CBM).

530 F.Supp. 375 (1981)

IDEAL TOY CORPORATION, Plaintiff, v. CHINESE ARTS & CRAFTS INC., Huang & Co., Drybranch, Inc., Skor-Mor Products, Inc., Syd-Art Novelty Co., Inc., Golden Kazoo, Kingstone International Corp., Denenberg Associates, Cal Sternberg & Associates, David Oestreich, Inc., Robert S. Koons and Associates, and John N. Hansen Co., Inc., Defendants. IDEAL TOY CORPORATION, Plaintiff, v. HENRY WEDEMEYER, INC., Defendant.

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

November 24, 1981.

Attorney(s) appearing for the Case

Curtis, Morris & Safford by Lewis H. Eslinger, Pasquale A. Razzano, New York City, for plaintiff.

Simone Song by Simone Song, Robert Fong, Larry Kushner, New York City, for defendants Kingstone Intern. Corp. and Denenberg Associates.

Joseph Winston by Allan Winston, New York City, for Henry Wedemeyer, Inc.

Fish & Neave by Donald E. Degling, Charles P. Kennedy, New York City, for defendants John N. Hansen Co., Inc. and Robert S. Koons and Associates.

OPINION

MOTLEY, District Judge.

This is an action for alleged common law and statutory trademark infringement and unfair competition. The applicable statutes are Section 43(a) of the Trademark Act of July 5, 1946 (Lanham Act), 15 U.S.C. § 1125(a), and the New York General Business Law, §§ 133, 368-d.

The jurisdiction of the court over the defendants and the subject matter is not contested.

Plaintiff has moved for a preliminary...

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