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AMERICAN BASKETBALL ASSOCIATION v. AMF VOIT, INC.

No. 72 Civ. 2922.

358 F.Supp. 981 (1973)

The AMERICAN BASKETBALL ASSOCIATION, Plaintiff, v. AMF VOIT, INC. and AMF Incorporated, Defendants.

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

As Amended March 16, 1973.

Attorney(s) appearing for the Case

Alfred Musumeci, and Regan, Goldfarb, Powell & Quinn, New York City, for plaintiff; Francis J. Purcell, Martin Heller, Howard Breindel and Jan Atlas, New York City, of counsel.

Rogers, Hoge & Hills, New York City, for defendants; Mercer L. Stockell, James B. Swire, E. Carrington Boggan and Steven Naclerio, New York City, of counsel.

OPINION

DUFFY, District Judge.

This is a motion for a preliminary injunction to prevent the alleged infringement of an alleged trademark owned by the plaintiff. Various claims of unfair competition are also charged.

A five day hearing was held on this motion and included the reception of many depositions which the Court read in camera. A number of physical exhibits were also received in evidence, although the Court refused to admit the ten...

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