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OFF-THE-WALL PRODUCTS v. HYMAN PRODUCTS, INC.

No. 87 CIV. 2916 (PKL).

684 F.Supp. 36 (1988)

OFF-THE-WALL PRODUCTS, Plaintiff, v. HYMAN PRODUCTS, INC., Harry Kronenberg, and Kronenberg Marketing, Inc., Defendants.

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

April 12, 1988.

Attorney(s) appearing for the Case

Wyatt Gerber Shoup Scobey & Badie, New York City (James Badie, of counsel), for plaintiff.

Bryan, Cave, McPheeters & McRoberts, New York City (Michael G. Biggers, of counsel), Polster, Polster & Lucchesi, St. Louis, Mo. (Gregory E. Upchurch, of counsel), for defendants.

OPINION & ORDER

LEISURE, District Judge:

This is an action for injunctive relief and damages arising out of the sale by defendants of alarm clocks that allegedly infringe plaintiff's trademark. Plaintiff manufactures a novelty alarm clock in the shape of a baseball. When the alarm sounds, the user hurls the entire clock against the wall to silence the alarm. The clocks are sold under the trademark "OFF-THE-WALL." Plaintiff alleges that defendant has...

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