Noma Lites, Inc. v. Lawn Spray, Inc. And Walter H. Steiner

The preliminary injunction here granted, D.C., 130 F.Supp. 124, is valid. The defendants’ advertising and packaging of their product is so similar to the material used by the plaintiff for its product as to entitle the plaintiff under state law to protection even without a preliminary showing of secondary meaning. Santa’s Workshop, Inc. v. Sterling, 282 App.Div. 328, 122 N.Y.S.2d 488; Notaseme Hosiery Co. v. Straus, 2 Cir., 201 F. 99. Further, the individual defendant, who is now the chief officer of the corporate defendant, was employed by the plaintiff when the latter was devising this…