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MULHENS & KROPFF v. FERD MUELHENS, INC.

38 F.2d 287 (1929)

MULHENS & KROPFF, Inc., v. FERD MUELHENS, Inc.

District Court, S. D. New York.

October 9, 1929.

Attorney(s) appearing for the Case

Manvel Whittemore, of New York City (Lucius E. Varney and Manvel Whittemore, both of New York City, of counsel), for plaintiff.

Katz & Sommerich, of New York City (Maxwell C. Katz, Otto C. Sommerich, Edwin M. Borchard, and Raymond T. Heilpern, all of New York City, of counsel), for defendant.

MACK, Circuit Judge.

Action for a permanent injunction to restrain defendant from selling eau de cologne and other articles bearing the registered trade-mark "4711" and/or publishing statements that it is selling the only genuine "4711" eau de cologne and cologne products, or otherwise directly or indirectly interfering with the sale of plaintiff's "4711" eau de cologne and other toilet articles. Jurisdiction is based on Federal registration of the trademark. The...

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