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FLEXITIZED, INC. v. NATIONAL FLEXITIZED CORPORATION

214 F.Supp. 664 (1963)

FLEXITIZED, INC. and Flexitized Sales Corporation, Plaintiffs, v. NATIONAL FLEXITIZED CORPORATION and Dubin-Haskell Lining Corp., Defendants.

United States District Court S. D. New York.

February 19, 1963.

Attorney(s) appearing for the Case

Hahn, Hessen, Margolis & Ryan, New York City, Robert J. Clerkin, New York City, of counsel, for plaintiffs.

Deane Ramey, New York City, for defendants.

TYLER, District Judge.

This action was tried before this court and a jury on January 9, 10, 11 and 14 through 18, 1963. Plaintiffs' complaint alleges three claims: breach of contract, trade-mark infringement, and unfair competition. In their prayer for relief plaintiffs seek money-damages on all three claims and an order enjoining defendants from unauthorized use of the trade name "Flexitized".

Jurisdiction of this court has been invoked by virtue of certain...

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