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STIX PRODUCTS, INC. v. UNITED MERCHANTS & MFRS., INC.

No. 62 Civil 814.

295 F.Supp. 479 (1968)

STIX PRODUCTS, INC., Plaintiff, v. UNITED MERCHANTS & MANUFACTURERS, INC., Defendant, v. The FIRESTONE TIRE & RUBBER COMPANY, Counterclaim Defendant.

United States District Court S. D. New York.

December 19, 1968.

Attorney(s) appearing for the Case

Pennie, Edmonds, Morton, Taylor & Adams, New York City, for plaintiff and counterclaim defendant, Stanton T. Lawrence, Jr., Charles J. Brown, New York City, of counsel.

Kenyon & Kenyon, New York City, for defendant, John A. Reilly, Donald J. Lisa, Michael T. Platt, Paul H. Heller, John P. Kirby, Jr., Arthur D. Gray, Stroock & Stroock & Lavan, Milton N. Scofield, Alvin K. Hellerstein, New York City, of counsel.

OPINION, FINDINGS OF FACT and CONCLUSIONS OF LAW

EDWARD WEINFELD, District Judge.

The defendant, United Merchants & Manufacturers, Inc. (United), is the owner of the registered trade-mark CONTACT.1 The plaintiff, Stix Products, Inc. (Stix), commenced this action for a declaratory judgment that the trademark is invalid,2 and further that its use of the word "contact" in the promotion and sale of...

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