BEST & CO. v. MILLER


67 F.Supp. 809 (1946)

BEST & CO., Inc., v. MILLER.

District Court, S. D. New York.

August 1, 1946.


Attorney(s) appearing for the Case

Strauss, Reich & Boyer, of New York City (Nims, Verdi & Martin, Minturn de S. Verdi, Wallace H. Martin, and Walter J. Halliday, all of New York City, of counsel), for plaintiff.

Levien, Singer & Neuburger, of New York City (Stuart H. Steinbrink, of New York City, of counsel), for defendant.


COXE, District Judge.

This is a suit (1) for infringement of the plaintiff's registered trademark "Liliputian Bazaar," and (2) for unfair competition. The trademark was registered in 1915 under the Trade-Mark Act of 1905, 15 U.S.C.A. § 85 for children's clothing, and the registration was renewed in 1935. The parties are both New York citizens, and jurisdiction rests initially on federal registry.

The defendant operates a small store at Stamford, Connecticut...

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