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BOND STORES v. BOND STORES

Nos. 6966, 6967.

104 F.2d 124 (1939)

BOND STORES, INCORPORATED, v. BOND STORES, INC. BOND STORES, INC., v. BOND STORES, INCORPORATED.

Circuit Court of Appeals, Third Circuit.

May 3, 1939.

Attorney(s) appearing for the Case

Charles F. Lynch, of Paterson, N. J., and Albert J. Clark, of New York City, for plaintiff.

Harry Silverstein, of Millburn, N. J., for defendant.

Before BIGGS and MARIS, Circuit Judges, and DICKINSON, District Judge.

DICKINSON, District Judge.

The Appeal and Cross-Appeal may be discussed as one. The Trial Court disposed of the case as one of unfair competition. There is in the Bill a complaint of trade-mark infringement, but there is nothing in the evidence to support it. It thus dropped out of the case and the Trial Judge ignored it. It is not a little difficult to understand a complaint of unfair competition where there is no competition.

The plaintiff...

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