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TRAVEL MAGAZINE, INC. v. TRAVEL DIGEST, INC.

191 F.Supp. 830 (1961)

TRAVEL MAGAZINE, INC., Plaintiff, v. TRAVEL DIGEST, INC. and Muriel E. Richter, Defendants.

United States District Court S. D. New York.

February 28, 1961.

Attorney(s) appearing for the Case

Mortimer M. Lerner, New York City, for plaintiff.

Dublirer & Haydon, New York City, Harold Dublirer, New York City, of counsel, for defendant Travel Digest, Inc.

DAWSON, District Judge.

Pursuant to Rule 12(b) (6) of the Federal Rules of Civil Procedure, 28 U.S.C., Travel Digest, Inc., has brought a motion to dismiss the plaintiff's first cause of action, which alleges infringement of a trademark, for failure to state a claim upon which relief can be granted. The defendant has also moved to dismiss plaintiff's second cause of action which alleges unfair competition. This latter motion is based on an alleged lack of jurisdiction...

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