SIMONS, Circuit Judge.
In a suit by the appellee against the appellant for infringement of a registered trademark, the appellant answered and counterclaimed for a judgment, under the Declaratory Judgment Act, 28 U.S.C.A. § 400, that the trademark be held invalid or restricted, and not infringed; that an unfair and improper use had been made of it, injuring its business; and prayed that a determination be had which should adjudicate all of the rights and relations...
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