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JOLLY GOOD INDUSTRIES, INC. v. ELEGRA INC.

No. 88 Civ. 3823 (JMC).

690 F.Supp. 227 (1988)

JOLLY GOOD INDUSTRIES, INC. and Continental Gum of Canada Limited, Division of 493207 Ontario, Ltd. Plaintiffs, v. ELEGRA INC., d/b/a Horizon Creations and Accord Inc., d/b/a Cal Sternberg & Associates, Defendants.

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

July 6, 1988.

Attorney(s) appearing for the Case

Steven B. Pokotilow, Laura E. Goldbard, Blum Kaplan, New York City, for plaintiffs.

Gerard F. Dunne, Jill B. Oshin, Wyatt, Gerber, Shoup & Badie, New York City, for defendants.

MEMORANDUM AND ORDER

CANNELLA, District Judge:

Plaintiffs' motion for a preliminary injunction is granted. Fed.R.Civ.P. 65(a).

BACKGROUND

This is an action for trade dress infringement and unfair competition. Plaintiffs Jolly Good Industries, Inc. and Continental Gum of Canada, Ltd. ["Jolly Good"] import and distribute a 21-inch high beverage dispenser, designed to be a replica of a 1920's era gasoline pump. Defendants Elegra Inc. d/b/a...

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