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WYATT EARP ENTERPRISES v. SACKMAN, INC.

157 F.Supp. 621 (1958)

WYATT EARP ENTERPRISES, Inc., a corporation, Plaintiff, v. SACKMAN, Inc., also known as Sackman Brothers Company, a New York corporation, Sackman Brothers Company, also known as Sackman Brothers Company, Inc., a Pennsylvania corporation, Doe One Corporation, a corporation, Doe Two Corporation, a corporation, Doe Three Corporation, a corporation, Doe Four to Doe Ten Corporations, and John Doe Partnership, Defendants. Arbitration between SACKMAN BROTHERS COMPANY and Sackman, Inc., Petitioners, v. WYATT EARP ENTERPRISES, Inc., Respondent.

United States District Court S. D. New York.

January 10, 1958.

Attorney(s) appearing for the Case

Abraham K. Weber, New York City, for Wyatt Earp Enterprises, Inc.

Strasser, Spiegelberg, Fried & Frank, New York City for Sackman, Inc., and others.

EDELSTEIN, District Judge.

In a suit for an injunction based upon alleged unfair competition1 the plaintiff moves for an injunction pendente lite to restrain the defendant2 from manufacturing and merchandising children's playsuits under the name, mark and symbol of "Wyatt Earp." After the service of the complaint and the motion for a preliminary injunction, the defendant in that suit petitioned for a stay of...

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