Mastro Plastics Corp. v. Emenee Industries, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtBergan, J.
Plaintiff and defendant are competing corporations each engaged in manufacturing and marketing musical *421instruments. Both make and sell plastic “bongo drums”. Plaintiff made bongo drums to sell to the trade at $3.33 each; defendant made them to sell at $2.70 each.
In the promotion of the sale of its drums defendant bought from one of plaintiff’s distributors 180 of plaintiff’s drums; and, removing plaintiff’s trade-mark and substituting its own, defendant used these drums as samples upon which it would sell to the trade its own product. Besides this, defendant used photographs of plaintiff’s…
2Cases cited8 opinions
- Cheney Bros. v. Doris Silk CorporationCourt of Appeals for the Second Circuit · 1929
- Pocket Books, Inc. v. MeyersNew York Court of Appeals · 1944
- Germanow v. Standard Unbreakable Watch Crystals, Inc.New York Court of Appeals · 1940
- Societe Comptoir De L'Industrie Cotonniere v. Alexander's Department Stores, Inc.District Court, S.D. New York · 1961
- Airolite Co. v. FiedlerCourt of Appeals for the Second Circuit · 1945
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3Cited by12 opinions
- Paul Smith, an Individual v. Edward L. Montoro and Film Ventures International Inc.Court of Appeals for the Ninth Circuit · 1981
- Vibrant Sales, Inc. v. The New Body Boutique, Inc., Maximum Exposure Advertising Inc., Harvey S. Fishman and Avram C. FreedbergCourt of Appeals for the Second Circuit · 1981
- John Wright, Inc. v. Casper Corp.District Court, E.D. Pennsylvania · 1976
- Blazon, Inc. v. DeLuxe Game Corp.District Court, S.D. New York · 1965
- Remco Industries, Inc. v. Toyomenka, Inc.District Court, S.D. New York · 1968
7 more not listed; retrieve them via the Exa API.