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HODGSON v. FIFTH AVENUE PLASTICS

94 F.Supp. 160 (1950)

HODGSON et al. v. FIFTH AVENUE PLASTICS, Inc., et al.

United States District Court S. D. New York.

November 17, 1950.

Attorney(s) appearing for the Case

Rogge, Fabricant, Gordon & Goldman, New York City (Murray A. Gordon, New York City, of counsel), for plaintiffs.

Holland, Armstrong, Bower & Carlson, New York City (John M. Cole, Norman N. Holland and Thomas M. Cooney, all of New York City, of counsel), for defendants.

RYAN, District Judge.

Plaintiffs move for an injunction pendente lite to restrain defendants from continuing to engage in the alleged infringement of plaintiffs' trade-mark "Silly Putty", and in alleged unfair competition.

Jurisdiction is claimed under the Federal Trade-Mark Act, 15 U.S.C.A. § 1121, and by reason of diversity. It appears to be unchallenged that the trade-mark "Silly Putty" has not been registered, although an application for registration...

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