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TOLFREE v. WETZLER

No. 2077.

22 F.2d 214 (1927)

TOLFREE v. WETZLER et al.

District Court, D. New Jersey.

October 10, 1927.

Attorney(s) appearing for the Case

Fish, Richardson & Neave, of New York City (Stephen H. Philbin and Henry R. Ashton, both of New York City, of counsel), for plaintiff.

Everett & Rook, of Newark, N. J. (Russell M. Everett and Harry B. Rook, both of Newark, N. J., of counsel), for defendants.

CLARK, District Judge.

This is a bill in equity for the enforcement of rights arising out of a patent, No. 1,281,690, granted October 15, 1918. Plaintiff also complains of the infringement of a trade-mark ("X," No. 115,684, registered February 27, 1917), and the unfair use of a trade-name ("X Liquid"). Defendants' counsel promptly and candidly conceded that the "X" was sufficiently a dominant feature common to both marks to...

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