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JOHN H. WOODBURY, INC. v. WILLIAM A. WOODBURY CORP.

23 F.Supp. 162 (1938)

JOHN H. WOODBURY, Inc., v. WILLIAM A. WOODBURY CORPORATION et al.

District Court, S. D. New York.

January 31, 1938.

Attorney(s) appearing for the Case

Edward S. Rogers and John C. Pemberton, both of New York City (Edward S. Rogers, John C. Pemberton, and Clifton Cooper, all of New York City, of counsel), for plaintiff.

Isaac Reiss, of New York City (Arthur A. J. Weglein, Isaac Reiss, and Elliot Paley, all of New York City, of counsel), for defendant Woodbury Corporation.

KNOX, District Judge.

John H. Woodbury, Inc., nationally advertised distributor of "Woodbury's Facial Soap," here seeks an injunction against the use of the name "Woodbury," in connection with toilet goods manufactured and retailed by the defendants. The suit is predicated upon defendants' alleged unfair competition and trade-mark infringement. Plaintiff bases its exclusive right to the surname Woodbury on three distinct series of transfers extending back to 1901...

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