FOLMER GRAFLEX CORP. v. GRAPHIC PHOTO SERVICE

No. 972.

35 F.Supp. 963 (1940)

FOLMER GRAFLEX CORPORATION v. GRAPHIC PHOTO SERVICE et al.

District Court, D. Massachusetts.

December 18, 1940.


Attorney(s) appearing for the Case

Irving U. Townsend, I. U. Townsend, Jr., and Emery, Booth, Townsend, Miller & Weidner, all of Boston, Mass., for plaintiff.

Worth Rowley, of Boston, Mass., for defendants.


BREWSTER, District Judge.

In this action defendants have moved to dismiss on the sole ground that the complaint fails to state a claim upon which relief can be granted. The defendants, doing business as the Graphic Photo Service Corporation, are charged with the infringement of the trade-mark "Graphic" and with unfair competition.

Plaintiff, in its complaint, alleges the wide and continuous use, since 1896, of the word "Graphic" to distinguish cameras and...

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