Mastro Plastics Corp. v. Emenee Industries, Inc.

Full title: MASTRO PLASTICS CORP., Appellant, v. EMENEE INDUSTRIES, INC., Respondent

Court: Court of Appeals of the State of New York

Date published: Dec 6, 1962

12 N.Y.2d 826 (N.Y. 1962)

236 N.Y.S.2d 347

187 N.E.2d 360

Opinion

Argued October 25, 1962

Decided December 6, 1962

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, SAMUEL H. HOFSTADTER, J.

David W. Kahn for appellant.

Lewis A. Stern and Leon Silverman for respondent.

Judgment affirmed, without costs, with leave to plaintiff, if he so desires, to serve an amended complaint based on the Lanham Act (U.S. Code, tit. 15, § 1125, subd. [a]) within 20 days after entry of an order upon the remittitur of this court. No opinion.

Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.