Federal Folding Wall Corp. v. National Folding Wall Corp.

PALMIERI, District Judge.

Preliminary Statement

This action for trademark infringement and unfair competition was tried to the Court without a jury. The plaintiff, Federal Folding Wall Corp. (Federal) was created by one Jack Genison, a former contract employee of defendant National Folding Wall Corp. (National). It was created for the express purpose of competing with defendant National in precisely the same type of business in which Genison had engaged as National’s employee. The contract by which Genison was bound to National was prepared largely by Genison himself and gave him a large…