WEST COAST-MANCHESTER MILLS v. HARTLEY'S, INC.

No. 236-M.

35 F.Supp. 540 (1941)

WEST COAST-MANCHESTER MILLS, Inc., v. HARTLEY'S, Inc.

District Court, S. D. Florida, Miami Division.

January 22, 1941.


Attorney(s) appearing for the Case

James Henry Willock, of Miami, Fla., and Albert J. Fihe, of Chicago, Ill., for plaintiff.

Shutts, Bowen, Simmons, Prevatt & Julian and Morris Salomon, all of Miami, Fla., for defendant.


HOLLAND, District Judge.

There came on for hearing before me a motion to dismiss the complaint. The plaintiff charges in its complaint three matters as follows:

1. Infringement of plaintiff's registered trade-mark.

2. Infringement of plaintiff's common-law right to trade-mark.

3. Unfair competition with plaintiff. The jurisdiction of the court, the complaint alleges, is founded upon the alleged infringement...

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