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G. H. MUMM CHAMPAGNE v. EASTERN WINE CORP.

58 F.Supp. 71 (1944)

G. H. MUMM CHAMPAGNE et al. v. EASTERN WINE CORPORATION.

District Court, S. D. New York.

October 24, 1944.

Attorney(s) appearing for the Case

Beekman Aitken, of New York City, for plaintiffs.

Darby & Darby, of New York City (Walter A. Darby and Samuel E. Darby, Jr., both of New York City, of counsel), for defendants.

COXE, District Judge.

The trade-marks involved in this suit are Nos. 177,419 and 312,653, both of which show a white label, across which a red stripe runs diagonally from the upper left-hand corner to the lower right-hand corner, bearing the words in print, "Cordon Rouge".

The District Court, 52 F.Supp. 167, held that these two trade-marks were infringed by the defendant by the use of a label bearing a red stripe of the...

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