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D. M. & ANTIQUE IMPORT CORP. v. ROYAL SAXE CORP.

No. 67 Civ. 4954.

311 F.Supp. 1261 (1969)

D. M. & ANTIQUE IMPORT CORPORATION, Plaintiff, v. ROYAL SAXE CORPORATION and Chelsea Import Company, Inc., Defendants.

United States District Court, S. D. New York.

Supplemental Opinion April 22, 1970.

As Modified April 22, 1970.

Attorney(s) appearing for the Case

Botein, Hays, Sklar & Herzberg, New York City, for plaintiff.

Baker & McKenzie, New York City, for defendants.

OPINION

LASKER, District Judge.

Plaintiff D. M. Antique Import Corporation ("D.M.") brings this motion for summary judgment, pursuant to Rule 56 of the Federal Rules of Civil Procedure. D.M. seeks three forms of relief: first, a declaratory judgment that defendant Royal Saxe Corporation ("Royal Saxe") has no rights in certain registered trademarks and that the Patent Office should cancel those marks; second...

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