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UNIQUE ART MFG. CO. v. T. COHN, INC.

Civil Action No. 9241.

81 F.Supp. 742 (1949)

UNIQUE ART MFG. CO., Inc. v. T. COHN, Inc.

United States District Court E. D. New York.

January 14, 1949.

Attorney(s) appearing for the Case

Dean, Fairbank & Hirsch, of New York City (Morris Hirsch and A. B. Colvin, both of New York City, of counsel), for plaintiff.

Mock & Blum, of New York City (Asher Blum, of New York City, of counsel), for defendant.

BYERS, District Judge.

The plaintiff seeks an injunction and accounting for profits, because of alleged unfair competition practiced by the defendant.

They both manufacture and sell a toy imitation of a machine gun, but it is not asserted that the defendant's product simulates that of the plaintiff as to size, shape or conformation. The conduct complained of is the substantial adoption of the plaintiff's color scheme, which is an important characteristic of...

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