VENUS WHEAT WAFERS, INC. v. VENUS FOODS, INC.

Civ. A. No. 58-932-A.

174 F.Supp. 633 (1959)

VENUS WHEAT WAFERS, INC. v. VENUS FOODS, INC.

United States District Court D. Massachusetts.

June 4, 1959.


Attorney(s) appearing for the Case

W. R. Hulbert, Wm. W. Rymer, Jr., Fish, Richardson & Neave, Boston, Mass., for plaintiff.

Cedric W. Porter, Porter, Chittick & Russell, Boston, Mass., for defendant.


ALDRICH, District Judge.

This is an action for infringement of trademark under the Lanham Act, 15 U.S.C.A. § 1051 et seq., and at common law and under the statutes of Massachusetts, G.L. c. 110, by virtue of 28 U.S. C.A. § 1338(b) as well as diversity of citizenship. The plaintiff is of Massachusetts, and the cause of action may be said to have arisen here. The defendant is a California corporation. It moves to quash service of process. By inadvertence the...

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