Klein v. Ekco Products Co.

In an action to recover damages for copying plaintiff’s novel device in breach of a confidential relationship, trademark infringement, and unfair competition, defendants appeal from an order denying their motion for judgment on the pleadings or for summary judgment. Order affirmed, with $10 costs and disbursements. No opinion. MaeCrate, Beldoek, Murphy and Ughetta, JJ., concur; Wenzel, Acting P. J., dissents and votes to reverse the order and to grant defendants’ alternative motion for summary judgment with respect to the first cause of action, with the following memorandum: The relationship…