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.