L. E. WATERMAN CO. v. GORDON

No. 489.

72 F.2d 272 (1934)

L. E. WATERMAN CO. v. GORDON.

Circuit Court of Appeals, Second Circuit.

July 16, 1934.


Attorney(s) appearing for the Case

Schechter, Lotsch & Sulzberger, of New York City (John L. Lotsch, of New York City, of counsel), for appellant.

Gifford, Scull & Burgess, of New York City (William F. Wilder and George F. Scull, both of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


L. HAND, Circuit Judge.

This is an appeal from an injunction pendente lite enjoining the defendant from using the word, "Waterman," upon razor blades. The bill and affidavits showed without contradiction the following facts: The plaintiff is, and for fifty years has been, a manufacturer of fountain pens and other similar articles, upon which it has continuously used the name, "Waterman's." On October 21, 1930, it registered the name as a trade-mark for fountain pens...

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