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LOUIS MARX & CO., INC. v. BUDDY L CORP.

No. 76 Civil 3703.

453 F.Supp. 392 (1978)

LOUIS MARX & CO., INC., Plaintiff, v. BUDDY L CORPORATION, Defendant.

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

May 30, 1978.

Attorney(s) appearing for the Case

Blum, Moscovitz, Friedman & Kaplan, New York City, for plaintiff; Harold I. Kaplan, James K. Silberman, Michael I. Wolfson, New York City, of counsel.

Hopgood, Calimafde, Kalil, Blaustein & Lieberman, New York City, for defendant; John M. Calimafde, Marvin N. Gordon, New York City, of counsel.

OPINION, FINDINGS OF FACT AND CONCLUSIONS OF LAW

EDWARD WEINFELD, District Judge.

Plaintiff Louis Marx & Co. ("Marx") and defendant Buddy L Corporation ("Buddy L") are in the business of importing and selling toy typewriters. At the time in question both purchased their stock from a single Japanese manufacturer. Plaintiff sold the "Marxwriter" and defendant sold the Buddy L "Easy Writer" which are substantially similar in appearance and working parts...

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