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WITTENBERG v. DEVON INDUSTRIES, INC.

No. 79 Civ. 729-CSH.

466 F.Supp. 681 (1979)

Franklin WITTENBERG, Plaintiff, v. DEVON INDUSTRIES, INC., Arnold A. Fisher, the Toy Manufacturers of America, Inc. and The Charles Snitow Organization, Defendants.

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

February 14, 1979.

Attorney(s) appearing for the Case

Watson, Leavenworth, Kelton & Taggart, New York City, for plaintiff; Stevan J. Bosses, New York City, of counsel.

Howard F. Cerny, Ernest F. Marmorek, New York City, for defendants Devon Industries Inc. and Arnold A. Fisher.

Locker & Greenberg, New York City, for defendant The Toy Manufacturers of America, Inc.; Christopher Corbett, New York City, of counsel.

Coudert Brothers, New York City, for defendant The Charles Snitow Organization; Michael J. Calvey, New York City, of counsel.

MEMORANDUM OPINION

HAIGHT, District Judge:

Plaintiff Franklin Wittenberg is an international marketer of commercial properties. By virtue of a licensing agreement, he acquired an interest in a voice controlled motorized toy van. Relying upon § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), and common law trademark rights, plaintiff moves pursuant to Rule 65, F.R.Civ.P., for a preliminary injunction to restrain defendants Devon Industries, Inc. ...

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