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STERN APPAREL CORPORATION v. RAINGARD, INC.

87 F.Supp. 621 (1949)

STERN APPAREL CORPORATION v. RAINGARD, Inc.

United States District Court S. D. New York, Civil Division.

March 18, 1949.

Attorney(s) appearing for the Case

Phillips, Mahoney & Spohr, New York City, Robb & Robb, Cleveland Ohio, John F. Robb and John W. Robb, Cleveland, Ohio, of counsel, for plaintiff.

Charles Sonnenreich, New York City, for defendant.

RYAN, District Judge.

Plaintiff by this action seeks a cancellation of trade-mark Registration No. 190,487 issued October 14, 1924 to the firm of Driesen, Meyer and Oronsky covering mark "Raingard" and subsequently assigned to defendant; a permanent injunction restraining defendant from using the mark "Raingard" on its products and as part of its corporate name; and an accounting by defendant.

The court has jurisdiction of the claims asserted arising as they...

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