CLARK-RELIANCE, CORP. v. McNAB INC.

No. 89 Civ. 1367(MEL).

756 F.Supp. 753 (1990)

CLARK-RELIANCE CORPORATION, Plaintiff, v. McNAB INCORPORATED, Defendant.

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

December 21, 1990.


Attorney(s) appearing for the Case

Calfee, Halter & Griswold, Cleveland, Ohio, (Charles B. Lyon, Peter Comodeca, of counsel) Satterlee, Stephens, Burke & Burke, New York City (James McGarry, Mario Aieta, of counsel), for plaintiff.

Wyatt, Gerber, Burke & Badie, New York City (Gerard F. Dunne, of counsel), for defendant.


LASKER, District Judge.

Plaintiff Clark-Reliance Corporation in this suit seeks injunctive, compensatory and punitive relief for alleged unfair competition and infringement of its unregistered trademark, "Jacoby-Tarbox," and all derivatives thereof. Clark-Reliance also seeks an order cancelling defendant McNab, Incorporated's federal registration of the Jacoby-Tarbox mark.

A bench trial as to liability has been completed.

The parties agree that the...

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