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HERBKO INTERN., INC. v. GEMMY INDUSTRIES CORP.

No. 95 Civ. 9848 (SHS).

916 F.Supp. 322 (1996)

HERBKO INTERNATIONAL, INC., Plaintiff, v. GEMMY INDUSTRIES CORP., Defendant.

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

February 26, 1996.

Attorney(s) appearing for the Case

Michael Aschen, Abelman Frayne & Schwab, New York City, for plaintiff.

Gerard F. Dunne, New York City, for defendant.

OPINION AND ORDER

STEIN, District Judge.

Herbko International, Inc. brought this action against Gemmy Industries Corp. alleging, among other claims, that Gemmy's "CROSSWORD CADDY" game board infringed the design patent and trade dress of Herbko's "CROSSWORD COMPANION" game board and that Gemmy engaged in false advertising as well. By order to show cause dated December 8, 1995, Herbko moved for a preliminary injunction prohibiting the continuation...

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