
    CLAY et al. v. KLINE.
    (Circuit Court, S. D. New York.
    October 8 1906.)
    Trade-Marks, ax'd-Trade;-Nambs — Unfair Competition — Simulation of Cigar Bands.
    . A preliminary injunction granted restraining defendant from using upon individual cigars of panatella shape bands simulating those of complainant in shape add colors.
    '.'j.'ftf [Ed. Note. — For.eases in point, see Cent. Dig. vol. 46, Trade-Marks and Trade-Names,, § 108.]
    Ir Equity.' On;'motion for preliminary injunction.
    Wise & -Lichtenstein, for the motion.
    Mandelbaum Bros., opposed. ■
   LACÓMBÉ, Circuit Judge.

The complainant may take a- preliminary injunction against defendant using upon individual cigars having substantially the-size and shape of what are known as “panatelas” any red and gold band lettered in .white, substantially as are the two bands presented on the argument, when such band has an elongated oval escutcheon such as defendant,now uses, or one in shape, size, and proportions relative,to the band substantially similar to .the complainant’s.  