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Ferber Corp. v. Northern Industrial Products

New Jersey Superior Court, Appellate Division


Decided: March 17, 1952.

FERBER CORPORATION, PLAINTIFF-APPELLANT,
v.
NORTHERN INDUSTRIAL PRODUCTS, INCORPORATED, AND ALL-RITE PEN, INCORPORATED, DEFENDANTS-RESPONDENTS

McGeehan, Jayne and Wm. J. Brennan, Jr.

Per Curiam

[18 NJSuper Page 494]

Plaintiff's complaint was dismissed after trial in the Chancery Division. The trial judge resolved that the evidence was insufficient in its probative force to establish plaintiff's allegations that defendants wrongfully copied plaintiff's unpatented ball point pen and fraudulently palmed off their product upon jobbers and the public as plaintiff's product. We are in accord with his conclusion. Since the only ground urged upon the appeal is that the trial judge erred in reaching this conclusion, the judgment will stand affirmed.

19520317


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