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VISCOL CO. v. SOCONY-VACUUM OIL CO.

90 F.Supp. 499 (1950)

VISCOL CO. v. SOCONY-VACUUM OIL CO., Inc.

United States District Court S. D. New York.

April 27, 1950.

Attorney(s) appearing for the Case

Stone, Boyden & Mack, Washington, D. C., and Ward, Crosby & Neal, New York City (J. Hanson Boyden, Washington, D. C., and Joshua Ward, New York City, of counsel), for plaintiff.

Bernard J. Thole, New York City (Herbert C. Smyth, Jr., New York City, of counsel), for defendant.

COXE, District Judge.

This is a suit under Section 4915 of the Revised Statutes as amended, 35 U.S.C.A. § 63, to cancel trade-mark registration No. 32,900, issued May 16, 1899 to Vacuum Oil Company, defendant's predecessor, and renewed May 16, 1929 by defendant, covering the mark "Viscolite" for "lubricating-oils".

Plaintiff is the owner of trade-mark registration No. 337,509, issued August 11, 1936, covering...

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