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COMMODORE IMPORT CORP. v. HIRAOKA & CO., LTD.

No. 71 Civ. 4391.

422 F.Supp. 628 (1976)

COMMODORE IMPORT CORPORATION, Plaintiff, v. HIRAOKA & COMPANY, LTD., et al., Defendants.

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

May 21, 1976.

Attorney(s) appearing for the Case

Hauser & Rosenbaum, New York City, for plaintiff; Noel Hauser, New York City, of counsel.

Martin J. Forgang, New York City, for defendant Windsor.

Miller, Montgomery, Spalding & Sogi, New York City, for defendant Hiraoka; Mandeville Mullally, David Thrope, New York City, of counsel.

Kravet, Hoefer & Ryan, New York City, for defendant Azad; Seymour Kravet, New York City, of counsel.

OPINION

KEVIN THOMAS DUFFY, District Judge.

The plaintiff is a New York corporation, the business of which is the importation and sale of radios. Plaintiff is the owner of the trademark "Commodore" for use on radios. The president of the plaintiff testified that all the radio cabinets in its line are designed by plaintiff's designer and its president; that all such cabinets bear the name "Commodore;" and that the radios in question are manufactured and assembled...

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