HYDE PARK CLOTHES v. HYDE PARK FASHIONS

No. 24, Docket 22342.

204 F.2d 223 (1953)

HYDE PARK CLOTHES, Inc. v. HYDE PARK FASHIONS, Inc.

United States Court of Appeals Second Circuit.

Decided April 29, 1953.


Attorney(s) appearing for the Case

Truman A. Herron, Cincinnati, Ohio, for appellant, Wood, Herron & Evans, Cincinnati, Ohio, and Hays, Wolf, Schwabacher, Sklar & Epstein, New York City, of counsel.

Oscar Levine, New York City, for appellee.

Before SWAN, Chief Judge, and CLARK and FRANK, Circuit Judges.


SWAN, Chief Judge.

This is an appeal by the plaintiff from a judgment dismissing its complaint on the merits, after a trial, in a suit charging infringement of a registered trade-mark and unfair competition. Federal jurisdiction was based on the Trade Mark Act of 1946, 15 U.S.C.A. §§ 1114, 1121, with pendent jurisdiction under 28 U.S.C.A. § 1338(b) as to the claim of unfair competition, and also on diversity of citizenship, 28 U.S. C.A. § 1332...

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