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DU PONT CELLOPHANE CO. v. WAXED PRODUCTS CO.

No. 6839.

6 F.Supp. 859 (1934)

DU PONT CELLOPHANE CO., Inc., v. WAXED PRODUCTS CO., Inc.

District Court, E. D. New York.

May 11, 1934.

Attorney(s) appearing for the Case

Nims & Verdi, of New York City (Harry D. Nims, of New York City, C. R. Mudge, of Wilmington, Del., and J. Hanson Boyden, of Washington, D. C., of counsel), for plaintiff.

Watson, Bristol, Johnson & Leavenworth, of New York City (L. A. Janney, E. W. Leavenworth, and D. A. Woodcock, all of New York City, of counsel), for defendant.

Hugh M. Morris, of Wilmington, Del., as amicus curiæ on behalf of Societe La Cellophane of Bezons, France, Kalle & Co. Aktien-Gesellschaft, Wiesbaden-Biebrich, Germany, and Cellophane Company, Limited, of Manchester, England.

CAMPBELL, District Judge.

This is an action brought by the plaintiff for the alleged infringement by the defendant of a trade-mark of the plaintiff, "Cellophane," by using the same in connection with goods not of plaintiff's manufacture, in which plaintiff seeks an injunction.

Plaintiff is a Delaware corporation, and a wholly owned subsidiary of E. I. DuPont de Nemours & Co.

Defendant is a New York corporation, a citizen of the Eastern District...

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