NEW ENGLAND DUPLICATING CO. v. MENDES

No. 4570.

190 F.2d 415 (1951)

NEW ENGLAND DUPLICATING CO., Inc. v. MENDES.

United States Court of Appeals First Circuit.

July 16, 1951.


Attorney(s) appearing for the Case

Ezekiel Wolf, Boston, Mass., for appellant.

Herbert A. Baker, Boston, Mass. (Daniel J. Daley, Boston, Mass., on the brief), for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.


WOODBURY, Circuit Judge.

This is an appeal from a judgment for the plaintiff in an action for infringement of a federally registered trade-mark, and for unfair competition. Federal jurisdiction is clear from the established evidentiary facts concerning which there is little if any dispute.

J. Curry Mendes, the plaintiff herein, in 1939 devised a so called collating and tipping machine, otherwise known as an interleaving machine, for placing spot gum on paper...

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