FRATELLI BRANCA & CO. v. PAGLIARO

No. 1145 Civil.

36 F.Supp. 344 (1940)

FRATELLI BRANCA & CO., Inc., v. PAGLIARO et al.

District Court, W. D. Pennsylvania.

December 17, 1940.


Attorney(s) appearing for the Case

Frank, Weil & Strouse, of New York City, Frank R. Sack, of Pittsburgh, Pa., Samuel F. Frank, of New York City, and Alexander D. Rosenbaum and Isadore A. Bernstein, both of Pittsburgh, Pa., for plaintiff.

Joseph P. Passafiume, of Pittsburgh, Pa., for defendants.


GIBSON, District Judge.

The complainant alleges infringement of its trade-mark and unfair competition, and has moved for a preliminary injunction.

Despite the fact that it made out a prima facie case by the evidence produced upon the hearing upon said motion, the court feels that the motion must be refused. The function of a preliminary injunction is to maintain the status quo, and a temporary injunction would have the opposite effect. If violations of plaintiff...

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