MILLER v. ANCHOR PACKING CO.

No. 3700.

4 F.2d 595 (1925)

MILLER, Alien Property Custodian, v. ANCHOR PACKING CO. et al.

District Court, D. New Jersey.

February 17, 1925.


Attorney(s) appearing for the Case

Walter G. Winne, U. S. Atty., of Hackensack, N. J., Harry E. Knight and Herman J. Galloway, Sp. Asst. Attys. Gen. (Joseph Henry Cohen, Sp. Asst. Atty. Gen., of counsel), for plaintiff.

Scammell & Besore, of Trenton, N. J. (Scott Scammell, of Trenton, N. J., and Frank S. Busser and George J. Harding, both of Philadelphia, Pa., of counsel), for defendants Anchor Packing Co.

Manheim & Wachtell, of New York City (Samuel R. Wachtell, of New York City, of counsel), for Ungarische Gummiwaarenfabrick Actiengesellschaft.

Joseph H. Choate, Jr., of New York City (James Garretson, of New York City, and Seiforde M. Stellwagen, of Washington, D. C., of counsel), for Chemical Foundation, Inc., as amicus curiæ.


LYNCH, District Judge.

This litigation involves the use of the trade-mark "Tauril" as applied to certain high-pressure sheet packing made of asbestos and rubber. Prior to 1904, the Ungarische Gummiwaarenfabrik Actiengesellschaft, a corporation of Austria-Hungary, which we shall hereinafter refer to as the "Hungarian Company," had established the sale of "Tauril" in the United States of America, and on July 5, 1904, registered the trade-mark here for a period of 30...

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