Legal Opinion

Cement Enamel Development, Inc. v. Cement Enamel of New York, Inc.

District Court, S.D. New York

Decided September 19, 1960PublishedCited by 6 opinions

1Opinion of the Court

DAWSON, District Judge.

This action seeks an injunction to enjoin the defendants from using the words “Cement Enamel” in the name of the defendant corporation and from passing off or substituting a surfacing material of another’s manufacture in response to orders for “cement enamel.”

There is now presented to the Court a motion in three parts: (1) for a default judgment, (2) for a preliminary injunction and (3) for a preference.

The motion for a default judgment was withdrawn on the argument. The motion for a preference, under the rules of this court, must be made to the Chief Judge and cannot…

2Cases cited1 opinion

  1. American Radiator & Standard Sanitary Corp. v. Sunbeam Corp.District Court, S.D. New York · 1954

3Cited by6 opinions

  1. Pic Design Corp. v. Bearings Specialty Co., Inc.Court of Appeals for the First Circuit · 1971
  2. Hershey Creamery Co. v. Hershey Chocolate Corp.District Court, S.D. New York · 1967
  3. Brass v. HobermanDistrict Court, S.D. New York · 1968
  4. Eastin-Phelan Corp. v. Hal Roach Studios, Inc.District Court, S.D. New York · 1972
  5. Caribbean Atlantic Airlines, Inc. v. International Ass'n of Machinists & Aerospace WorkersDistrict Court, D. Puerto Rico · 1968

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