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MEDI-TEMPS, INC. v. TACT MED TEMPS, INC.

176 A.D.2d 673 (1991)

Medi-Temps, Inc., Respondent, v. Tact Med Temps, Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

October 29, 1991

On this motion for summary judgment, it has not been demonstrated, conclusively, that the terms for which plaintiff seeks protection have become so indelibly linked in the public mind with the product or service offered by the parties as to be categorized as generic and thus, entitled to no protection from use by competitors (cf., Kellogg Co. v National Biscuit Co., 305 U.S. 111; Murphy Door Bed Co. v Interior Sleeps Sys.<...

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