Majority
p. 498Mastro Plastics Corp., Respondent, v. Emenee Industries, Inc., Appellant. Argued January 16, 1964; decided February 20, 1964.
p. 499
Lewis A. Stern and Leon Silverman for appellant.
David W. Kahn and William M. Kahn for respondent.
Order affirmed, with costs. Question certified answered in the affirmative. No opinion.
Concur: Chief Judge Desmond and Judges Dye, Van Voorhis, Burke and Scileppi. Judges Fuld and Bergan dissent and vote to reverse and to dismiss the complaint upon the ground that the complaint fails to state a cause of action under the Lanham Act.