Herzman Scarfs, Inc. v. Baar & Beards, Inc.

Motion for injunction pendente lite is denied. Plaintiff seeks to restrain defendant from committing alleged acts of unfair competition. The defendant, a competitor of plaintiff, has recently commenced to import from Japan and sell scarfs which are very similar in shape and design to plaintiff’s Japanese imported ballerina type design scarfs. Plaintiff’s scarfs bear a single label, “ Carol Stanley ”, and defendant’s scarfs bear both a label identifying them as “Top Hit ” fashions and also a black tag bearing in gold letters the words ‘ ‘ Top Hit ’ ’. Plaintiff makes no claim that it has a…