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FEDERAL FOLD. WALL CORP. v. NATIONAL FOLD. WALL CORP.

No. 68 Civ. 3130.

340 F.Supp. 141 (1971)

FEDERAL FOLDING WALL CORP., Plaintiff, v. NATIONAL FOLDING WALL CORP., Defendant.

United States District Court, S. D. New York.

November 18, 1971.

Attorney(s) appearing for the Case

Mackler Brothers, New York City, for plaintiff; Seymour G. Mackler, New York City, of counsel.

Doman, Spellman & San Filippo, New York City, for defendant; Augustin J. San Filippo, New York City, of counsel.

PALMIERI, District Judge.

Preliminary Statement

This action for trademark infringement and unfair competition was tried to the Court without a jury. The plaintiff, Federal Folding Wall Corp. (Federal) was created by one Jack Genison, a former contract employee of defendant National Folding Wall Corp. (National). It was created for the express purpose of competing with defendant National in precisely the same type of business in which Genison had engaged...

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