PURE OIL CO. v. PURITAN OIL CO.

No. 185.

127 F.2d 6 (1942)

PURE OIL CO. v. PURITAN OIL CO., Inc.

Circuit Court of Appeals, Second Circuit.

March 14, 1942.


Attorney(s) appearing for the Case

Kelly Bell, of Chicago, Ill., (Gross, Hyde & Williams of Hartford, Conn., and Vinson, Elkins, Weems & Francis, of Houston, Tex., of counsel) for appellant.

George H. Cohen, Joseph W. Ress, and Naaman Cohen, all of Hartford, Conn., for appellee.

Before L. HAND, CHASE, and FRANK, Circuit Judges.


L. HAND, Circuit Judge.

This appeal involves only the question of the substantive jurisdiction of the district court. The complaint on its face appears to have been framed under the Trade-Mark Act of 1905 alone; it alleged that the plaintiff was the owner of a number of registered trade-marks which contained the word, "Pure," or its first three letters, "Pur," and that the defendant, which operated a "service station" in Hartford, Connecticut, had infringed these...

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