Sabes & Richman, Inc. v. Muenzer

OPINION

FOLEY, Judge.

This appeal is from a grant of summary judgment to respondent Steven Muenzer. We affirm.

FACTS

Appellant Sabes & Richman, Inc. (S & R) was established by Michael Sabes and Steven Richman to distribute liquor and bar supplies. In 1978, S & R began to purchase and re-sell “one-shot pourers,” devices used to control the amount of liquor poured each time a drink was prepared. S & R purchased these pourers from manufacturer Co-Rect Products. To create its sales campaign for the pourers, S & R retained Marvy! Advertising. Marvy created an advertising brochure in February 1979.

Muenz…