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ACADEMY AWARD PRODUCTS v. BULOVA WATCH COMPANY

129 F.Supp. 780 (1955)

ACADEMY AWARD PRODUCTS, Inc., Plaintiff, v. BULOVA WATCH COMPANY, Inc., Defendant, and Elizabeth Stark and Esther Greenwald, as Executrices of the Estate of Max A. Schlesinger, Deceased, Defendants, made parties to respond to the Counterclaim herein.

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

March 8, 1955.

Attorney(s) appearing for the Case

Louis Zimmerman, New York City, Ephraim Berliner, Selma M. Lobsenz, New York City, of counsel, for plaintiff and executrices.

Byerly, Townsend & Watson, New York City, Ralph M. Watson, George Cohen, New York City, of counsel, for Bulova Watch Co., Inc.

DIMOCK, District Judge.

This action was originally brought by Academy Award Products, Inc., against Bulova Watch Company, Inc., hereinafter called Bulova. The complaint charged infringement by Bulova of plaintiff's registered trade-mark "Academy Award". Since the commencement of the action and by order dated December 14, 1951, plaintiff's registration of the trade-mark has been cancelled in a Patent Office proceeding as procured by a false application. The complaint...

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