TRANSFER PRINT FOILS v. TRANSFER PRINT AMERICA

Civ. No. 88-2851.

720 F.Supp. 425 (1989)

TRANSFER PRINT FOILS, INC., Plaintiff, v. TRANSFER PRINT AMERICA, INC., Defendant.

United States District Court, D. New Jersey.

July 21, 1989.


Attorney(s) appearing for the Case

Lerner, David, Littenberg, Krumholz & Mentlik by Roy H. Wepner and Keith E. Gilman, Westfield, N.J., for plaintiff.

Carpenter, Bennett & Morrissey by John J. Peirano, Jr., Newark, N.J., and Leydig, Voit & Mayer by Lawrence S. Wick and Dennis Schlemmer, Chicago, Ill., for defendant.


HAROLD A. ACKERMAN, District Judge.

I. INTRODUCTION

In this unfair competition and infringement action, plaintiff, Transfer Print Foils, Inc., presently seeks to enjoin defendant, Transfer Print America, Inc., from continued use of the name Transfer Print and defendant seeks the entry of summary judgment in its favor.

The Court of Appeals for the Third Circuit has "recognized that a preliminary injunction may issue on the basis of affidavits and...

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