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TRIPLEDGE PRODUCTS, INC. v. WHITNEY RESOURCES, LTD.

No. CV 90-1071 (ADS).

735 F.Supp. 1154 (1990)

TRIPLEDGE PRODUCTS, INC. and Lifetime Automotive Products, Inc., Plaintiffs, v. WHITNEY RESOURCES, LTD., Defendant.

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

April 18, 1990.

Attorney(s) appearing for the Case

Baker, Mills & Glast, Dallas, Tex. (Mark J. Zimmermann, of counsel), and Anderson Kill Olick & Oshinsky, P.C., New York City (Walter G. Marple, Jr., of counsel), for plaintiffs.

Weil, Guttman & Malkin, New York City (Michael M. Malkin and Gilbert H. Weil, of counsel), for defendant.

Lord Day & Lord, Barrett Smith, New York City (Gerald A. Novack, of counsel), for non-party Valassis Inserts, Inc.

MEMORANDUM DECISION

SPATT, District Judge.

This memorandum decision results from an evidentiary hearing on the plaintiffs' motion for a preliminary injunction to enjoin defendant's use of "trade dress" and certain terms contained in their advertisements on the grounds that they are allegedly "confusingly similar" to advertisements used by the plaintiffs and also that the defendant's advertising of the wipers at issue were false, misleading and deceptive...

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