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B. D. COMMUNICATIONS, INC. v. DIAL MEDIA, INC.

No. 77 Civ. 1744.

429 F.Supp. 1011 (1977)

B. D. COMMUNICATIONS, INC., Plaintiff, v. DIAL MEDIA, INC., et al., Defendants.

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

April 15, 1977.

Attorney(s) appearing for the Case

Keane & Butler, New York City, for plaintiff; Stuart L. Potter, Alison E. Clapp, New York City, of counsel.

Amster & Rothstein, New York City, for defendants; Morton Amster, Anthony LoCicero, New York City, of counsel.

OPINION, FINDINGS OF FACT AND CONCLUSIONS OF LAW

EDWARD WEINFELD, District Judge.

Plaintiff, a distributor of a dust mop that it alleges is advertised and sold under the name of "Nenette Magic Duster," seeks in this action to enjoin the defendants from telecasting an advertisement for their own dust mop, the "Miracle Duster."1 The defendants include Dial Media, Inc. ("Dial Media"), the distributor of the Miracle Duster, its advertising...

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