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CROTON WATCH CO. v. LAUGHLIN

No. 100, Docket 22869.

208 F.2d 93 (1953)

CROTON WATCH CO., Inc. v. LAUGHLIN et al.

United States Court of Appeals, Second Circuit.

Decided November 12, 1953.

Attorney(s) appearing for the Case

Kane, Dalsimer and Kane, New York City, for appellant; David S. Kane, Philip T. Dalsimer and Haynes N. Johnson, New York City, of counsel.

J. Edward Lumbard, U. S. Atty., for Frank B. Laughlin, appellee; Samuel R. Pierce, Jr., Asst. U. S. Atty., New York City, of counsel.

H. C. Bierman, New York City, for Movado Watch Agency, Inc., appellee.

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

SWAN, Circuit Judge.

This litigation resulted from the refusal of the acting collector of customs at the port of New York, in reliance upon 15 U.S.C.A. § 1124 and 19 U.S.C.A. § 1526 to permit the plaintiff, Croton Watch Company, Inc., a New York Corporation, to import Swiss watches or watch movements bearing the words "Nivada Grenchen." Section 1124 provides:

"No article of imported merchandise * * * which shall copy or simulate a trade-mark registered...

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