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ALUMINUM FABRICATING CO. v. SEASON-ALL WINDOW CORP.

160 F.Supp. 41 (1957)

ALUMINUM FABRICATING COMPANY OF PITTSBURGH and Season-All Sales Corp., Plaintiffs, v. SEASON-ALL WINDOW CORP., Defendant.

United States District Court S. D. New York.

November 22, 1957.

Attorney(s) appearing for the Case

Armand E. Lackenbach, New York City, for plaintiffs. Burton Perlman New York City, of counsel.

I. J. Ginsberg, New York City, for defendant. Edward Halle, New York City, of counsel.

CASHIN, District Judge.

This is an action by related Pennsylvania corporations against a New York corporation for trademark infringement, unfair competition, trade libel and apparently a prima facie tort. Jurisdiction is based upon the Trademark Laws of the United States (15 U.S.C.A. § 1051 et seq.) and diversity of citizenship. The defendant interposed defenses of invalidity of the trademark registration, statute of limitations, laches, acquiescence, estoppel...

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