PARKER PEN CO. v. FINSTONE


7 F.2d 753 (1925)

PARKER PEN CO. v. FINSTONE.

District Court, S. D. New York.

July 24, 1925.


Attorney(s) appearing for the Case

Dodson & Roe, of New York City (Harry Lea Dodson and Zell G. Roe, both of New York City, of counsel), for plaintiff.

Harry D. Nims, of New York City (Minturn De S. Verdi, of New York City of counsel), for defendant.


WINSLOW, District Judge.

This is an action in equity to restrain infringement of plaintiff's trade-mark by the defendant. The plaintiff also contends that the defendant has been guilty of unfair competition.

The trade-mark of the plaintiff was registered in the United States Patent Office January 16, 1923, No. 163,481, on application filed May 23, 1922. It covers a drawing of a fountain pen, the statement being to the effect that the fountain pen has "a red...

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