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W. A. SHEAFFER PEN CO. v. WORTH FEATHERWEIGHT PEN CO.

41 F.2d 820 (1930)

W. A. SHEAFFER PEN CO. v. WORTH FEATHERWEIGHT PEN CO.

District Court, S. D. New York.

July 1, 1930.

Attorney(s) appearing for the Case

Kiddle, Margeson & Hornidge, of New York City (Thorley Von Holst and J. Bernhard Thiess, both of Chicago, Ill., and Henry T. Hornidge, of New York City, of counsel), for the motion.

Charles Greenwald, of New York City, opposed.

WOOLSEY, District Judge.

This motion is in all respects granted.

I. This is a suit in equity between a corporation of Delaware and a corporation of New York which seeks to enjoin infringement by the defendant of the plaintiff's design patent No. 78,795, and the plaintiff's registered trade-marks U. S. No. 219,435 and U. S. No. 226,426, and also to prevent the defendant from continuing unfair competition with the plaintiff by selling its pens under the name...

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