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ACT YOUNG IMPORTS, INC. v. B AND E SALES CO., INC.

No. 85 Civ. 7188 (RO).

673 F.Supp. 672 (1987)

ACT YOUNG IMPORTS, INC., Plaintiff, v. B AND E SALES COMPANY, INC., Defendant.

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

January 21, 1987.

Attorney(s) appearing for the Case

Kirschstein, Kirschstein, Ottinger & Israel, P.C., New York City (Martin W. Shiffmiller, Pat Gerbino, of counsel), for plaintiff.

Amster, Rothstein & Engelberg, New York City (Anthony F. LoCicero, of counsel), for defendant.

AMENDED MEMORANDUM AND ORDER

OWEN, District Judge.

This is an action for copyright and trademark infringement and for unfair competition. Plaintiff claims that after being shown samples of copyrighted animal shaped children's backpacks with registered trademark tags in plaintiff's showroom, defendant went to Asia and had identical copies of plaintiff's product made by the same manufacturer employed by plaintiff. Defendant then undersold plaintiff in the...

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