BYERS, District Judge.
These are cross motions for a preliminary injunction in a trade-mark infringement cause. The defendant's motion is based upon its third defense and counterclaim.
The plaintiff is a corporation of France, which alleges that it has sold its champagne in this country since 1860, except for the interval of national prohibition, under the trade-mark "Delmonico."
The defendant is an individual whose name is Della Monica, who says he...
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