MATERNALLY YOURS v. YOUR MATERNITY SHOP

No. 196, Docket 23796.

234 F.2d 538 (1956)

MATERNALLY YOURS, Inc., Plaintiff-Appellee, v. YOUR MATERNITY SHOP, Inc., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided June 6, 1956.


Attorney(s) appearing for the Case

Hartman, Sheridan & Tekulsky, New York City (Asher Blum, Mock & Blum, New York City, of counsel), for defendant-appellant.

Gallop, Climenko & Gould, New York City, Milton S. Gould, Herbert L. Scharf, of counsel, New York City, for plaintiff-appellee.

Before CLARK, Chief Judge, and MEDINA and WATERMAN, Circuit Judges.


WATERMAN, Circuit Judge.

This action involves a claim of trade-mark infringement under the Lanham Act, 15 U.S.C.A. § 1051 et seq., and a claim of unfair competition presumably governed by the law of New York.1 Jurisdiction over the trade-mark infringement claim rests on 15 U.S.C.A. § 1121 and 28 U.S.C.A. § 1338(a), while jurisdiction over the related unfair competition claim is...

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