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MURPHY DOOR BED CO. v. INTERIOR SLEEP SYSTEMS

No. CV 86-4256.

687 F.Supp. 754 (1988)

The MURPHY DOOR BED CO., INC., Plaintiff, v. INTERIOR SLEEP SYSTEMS, INC., d/b/a Murphy Beds, Etc., Murphy Bed Co. of America, Inc. in Florida, Murphy Bed Co. of America, Inc. in Georgia, and Frank Zarcone, individually, Defendants.

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

May 13, 1988.

Attorney(s) appearing for the Case

Robert I. Skoy, Mineola, N.Y., for plaintiff; Leon Friedman, Hofstra Law School, Hempstead, N.Y., of counsel.

Malin, Haley & McHale, P.A., Fort Lauderdale, Fla., Lilling & Greenspan, White Plains, N.Y., for defendants; Edward F. McHale and Dale P. DiMaggio, Fort Lauderdale, Fla., of counsel.

MEMORANDUM OF DECISION AND ORDER

MISHLER, District Judge.

Murphy Door Bed Co., Inc. ("Murphy") seeks compensatory and punitive damages and injunctive relief on three claims stated as: (1) infringement of the trademark Murphy Bed; (2) unfair competition; and (3) breach of contract dated December 9, 1981.

Defendants deny the material allegations of the complaint and, inter alia, assert as affirmative...

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