American Mint Corp. v. Ex-Lax, Inc.

Plaintiff has appealed from an order entered at Special Term, New York county, whereby defendant’s motion for judgment on the pleadings was granted to the extent of dismissing, as insufficient in law, the second cause of action set forth in the amended complaint. For the purpose of this motion, the following summary of the facts, which are alleged in the second cause of action, must be conceded to be true:(a) For a long time prior to October 1, 1938, plaintiff was, and ever since that date has been, thoroughly experienced in the manufacture, packaging and marketing of compressed candy…