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CAR-FRESHNER CORP. v. AUTO AID MFG. CORP.

No. 76-CV-501.

461 F.Supp. 1055 (1978)

CAR-FRESHNER CORPORATION and Julius Samann, Plaintiffs, v. AUTO AID MANUFACTURING CORPORATION, Original Auto Parts Distributors, Inc. and Harvey Stevens, Defendants.

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

December 5, 1978.

Attorney(s) appearing for the Case

Mackenzie Smith, Lewis, Michell & Hughes, Syracuse, N. Y., for plaintiffs; Watson, Cole, Grindle & Watson, Washington, D. C., Kevin M. Reilly, Syracuse, N. Y., F. M. deRosa, Walter D. Ames, Bernard L. Sweeney, Washington, D. C., of counsel.

Stuart R. Shaw, New York City, for defendants.

MUNSON, District Judge.

MEMORANDUM-DECISION AND ORDER

This is an action for declaratory and injunctive relief, an accounting of profits, and treble damages for alleged trademark infringement and unfair competition. Primarily in issue are two trademarks registered by the plaintiffs, one for the term "Car-Freshner," and the other for the shape of a pine tree. The following may be considered as the Court's findings of fact and conclusions of law, as required...

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