National Fittings Co. of New York, Inc. v. Durst Manufacturing Co.

This is an action by the plaintiff, a vendor of plumbing materials, to restrain the defendant from selling any plumbing supplies bearing the trade name “ NAFCO ” and for an accounting of all profits realized by said defendant from the sales of plumbing supplies bearing such trade name.

By way of defense and counterclaim, the defendant seeks to recover damages in the sum of $20,000 on the ground that the plaintiff’s action ‘ ‘ is brought in bad faith and solely as the result of malice for the purpose of harassing the defendant and to cause it to sustain expense, annoyance and loss of time.”

The…