Tri-State Plastic Molding Co. v. Ruzak Industries, Inc. Ruzak Industries, Inc. v. Tri-State Plastic Molding Co

HICKS, Chief Judge.

It is well to make it clear at the outset that this was not an action for infringement of a patent or violation of a trademark. The crux of it is “unfair competition.”

The Ward Baking Company (herein called Ward) is one, of the largest bakers of cakes in the country. Herman S. Zai-kaner was a promoter and salesman. Ru- zak Industries, Inc., appellee and cross-appellant, a corporation (herein called Ruzak) was organized by Zaikaner but he had no, stock in the company. Its stock was owned by his daughter and son-in-law, Hyman L. Fetterman. Ruzak was engaged in merchandising…