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HOLT v. METROPOLITAN REFINING CO.

No. 7282.

9 F.Supp. 662 (1935)

HOLT v. METROPOLITAN REFINING CO., Inc.

District Court, E. D. New York.

January 31, 1935.

Attorney(s) appearing for the Case

Phillips, Mahoney, Leibell & Fielding, of New York City (John F. Robb, of Cleveland, Ohio, of counsel), for plaintiff.

Shapiro, Kolbrener & Schlissel, of Far Rockaway, L. I., N. Y. (William E. Warland, of New York City, of counsel), for defendant.

CAMPBELL, District Judge.

This suit is brought on United States registered trade-mark No. 147,024, dated September 27, 1921, of the word "Rust-I-Cide," application for which was filed by The Rusticide Company, an Ohio corporation, on December 16, 1920, and the certificate of registration states continuous use in business since October 8, 1920.

The bill also alleges infringement by defendant of the common-law rights to the trade-mark and for unfair competition...

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