TRIUMPH HOSIERY MILLS, INC. v. TRIUMPH INTERNAT'L CORP.


187 F.Supp. 169 (1960)

TRIUMPH HOSIERY MILLS, INC., Plaintiff, v. TRIUMPH INTERNATIONAL CORPORATION and Triumph of Europe, Inc., Defendants.

United States District Court S. D. New York.

July 18, 1960.


Attorney(s) appearing for the Case

Lipkowitz & Plaut, New York City, I. Robert Harris, New York City, Robert Zicklin, New York City, of counsel, for plaintiff.

Brumbaugh, Free, Graves & Donohue, New York City, Granville M. Brumbaugh, Richard G. Fuller, Jr., New York City, of counsel, for defendants.


CASHIN, District Judge.

This is a motion for a preliminary injunction which would prevent the defendants from utilizing the word "Triumph" in the nature of a trademark or a trade name. The underlying complaint states claims grounded in trademark infringement, unfair competition and conspiracy, and requests permanent injunctive relief as well as an accounting for profits and damages.

The facts which I deem relevant to the motion are not in substantial dispute...

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