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J & K SALES CO., v. GEMEX, INC.

No. 4300.

166 F.2d 569 (1948)

J & K SALES CO., Inc. v. GEMEX, Inc.

Circuit Court of Appeals, First Circuit.

February 27, 1948.

Attorney(s) appearing for the Case

Nathaniel Frucht, of Providence, R. I. (Carl B. Everberg, of Woburn, Mass., on the brief), for appellant.

John C. Blair, of New York City (F. William Andres, of Boston, Mass., and William C. Conner and Blair, Curtis & Hayward, all of New York City, on the brief), for appellee.

Before MAGRUDER, MAHONEY, and WOODBURY, Circuit Judges.

PER CURIAM.

This is an appeal from a judgment entered for the plaintiff in an action for unfair competition, and for infringement of unregistered trade marks. Federal jurisdiction rests upon diversity of citizenship and amount in controversy.

At almost the same time, by pure coincidence we are told, the parties hit upon the same marks for the same products — the names "Baron" and "Baroness" for men's and women's wrist watch bracelets. The court below...

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