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EATON ALLEN CORP. v. PACO IMPRESSIONS CORP.

No. 74 Civ. 1566.

405 F.Supp. 530 (1975)

EATON ALLEN CORP., Plaintiff, v. PACO IMPRESSIONS CORP. and Emanuel Fontana, Defendants.

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

December 9, 1975.

Attorney(s) appearing for the Case

Jaspan, Kaplan & Levin, Garden City, N. Y., for plaintiff; A. Thomas Levin, Joel S. Kaplan, Garden City, N. Y., of counsel.

Kenyon & Kenyon, Reilly, Carr & Chapin, New York City, for defendants; John Scalzi, Jr., Jamaica, N. Y., of counsel.

MEMORANDUM

LASKER, District Judge.

Plaintiff Eaton Allen Corp. (Eaton Allen) sues Paco Impressions Corp. (Paco) and Emanuel Fontana for trademark infringement and unfair competition, seeking injunctive relief and damages. The complaint also alleges that defendants are selling products below cost in violation of 15 U.S.C. §§ 1, 13 and 15. Paco moves for summary judgment dismissing the claims of trademark...

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