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VIBRANT SALES, INC. v. NEW BODY BOUTIQUE, INC.

No. 744, Docket 80-7877.

652 F.2d 299 (1981)

VIBRANT SALES, INC., Plaintiff-Appellee, v. The NEW BODY BOUTIQUE, INC., Maximum Exposure Advertising Inc., Harvey S. Fishman and Avram C. Freedberg, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 29, 1981.

Attorney(s) appearing for the Case

George B. Yankwitt, Esq., New York City (Floran L. Fink, Mark J. Sugarman, Robinson, Silverman, Pearce, Aronsohn & Berman, New York City, of counsel), for defendants-appellants.

Jacob W. Heller, New York City (Richard F. Horowitz, Heller, Horowitz & Feit, P.C., New York City, of counsel), for plaintiff-appellee.

Before WATERMAN and MANSFIELD, Circuit Judges, and B. NEWMAN, Judge.

MANSFIELD, Circuit Judge:

In this action for unfair competition and breach of contract defendants The New Body Boutique, Inc., Maximum Exposure Advertising Inc. ("MEA"), Harvey S. Fishman, and Avram C. Freedberg appeal from a decision of the District Court for the Southern District of New York, entered by Judge Morris E. Lasker after a non-jury trial, holding that defendants, by selling a waist-reducing belt called "Shrink Wrap" in competition with a similar belt...

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