SCHWARTZ v. HAMPTON


30 Misc.2d 837 (1961)

Sidney Schwartz, Doing Business under the Name of Glad Record Company, Plaintiff, v. Lionel Hampton et al., Individually and as Copartners, Defendants.

Supreme Court, Special and Trial Term, New York County.

July 31, 1961


Attorney(s) appearing for the Case

Sidney M. Wittner for plaintiff. Louis P. Randell for defendants.


IRVING H. SAYPOL, J.

Schwartz, alleging that he does business as Glad Record Company, sues to restrain Lionel and Gladys Hampton, individually, and as copartners. He complains that these defendants infringe upon his rights to the exclusive use of the trade name for his Glad Record Company and its product, Glad Records.

There is insufficient evidence to establish the plaintiff's case and the defendants may have judgment of dismissal, with costs...

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