GRAF BROS. v. MARKS


41 F.2d 167 (1929)

GRAF BROS., Inc., v. MARKS et al.

District Court, E. D. New York.

January 2, 1929.


Attorney(s) appearing for the Case

David Steckler, of New York City, for plaintiff.

Munn, Anderson & Munn, of New York City (Albert J. Clark, of New York City, of counsel), for defendants.


CAMPBELL, D. J.

Plaintiff sues to restrain an alleged infringement of a registered trade-mark and for damages, and defendant counterclaims for alleged unfair competition.

In December, 1914, Oscar L. Graf, who had been manufacturing manicure preparations including nail polish in cake and powder form under the mark of HYGLO, applied for registration, which was granted March 16, 1925. The goods to which the mark was appropriated...

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