Cher-Rob, Inc. v. Art Monument Co.

MONTEMURO, Judge:

Defendants-appellants, Art Monument Company and B. Reibstein Monument Co., appeal from an order awarding plaintiff-appellee, Cher-Rob, Inc. t/a Wertheimer Monuments, counsel fees and costs. We reverse.

Plaintiff and defendants are engaged in the business of providing cemetery monuments and memorials. Plaintiff brought this action in equity, alleging that defendants unlawfully distributed advertising brochures containing photographs of gravesite monuments. Some of the monuments depicted in the advertisements were produced and manufactured by plaintiff. Following a hearing, the…