ABC INDUSTRIES, INC. v. KASON INDUSTRIES, INC.

No. CV 95-3522 RJD.

30 F.Supp.2d 331 (1998)

ABC INDUSTRIES, INC., Plaintiff, v. KASON INDUSTRIES, INC., and Kason Merchandising Fixtures, Inc., Defendants.

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

December 9, 1998.


Attorney(s) appearing for the Case

Bernard Malina, Malina & Wolson, New York, NY, for the Plaintiff.

Dorian B. Kennedy, Kennedy, Davis & Kennedy, Atlanta, GA, Loretta Gastwirth, Meltzer, Lippe, Goldstein, Wolf and Schlissel, P.C., Mineola, NY, for the Defendants.


MEMORANDUM & ORDER

DEARIE, District Judge.

ABC Industries, Inc. ("ABC") manufactured clothing display racks at the request of ABC's customer VF Factory Outlet ("VF"). ABC seeks declaratory judgment that its display rack: 1) does not infringe a patent owned by defendants Kason Industries, Inc. and Kason Merchandising Fixtures, Inc. (collectively "Kason"), and 2) does not violate Kason's trade dress rights. In addition, ABC has asserted a claim for tortious...

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