NATIONAL DYNAMICS CORPORATION v. JOHN SURREY, LTD.


238 F.Supp. 422 (1963)

NATIONAL DYNAMICS CORPORATION, Plaintiff, v. JOHN SURREY, LTD., Defendant.

United States District Court S. D. New York.

November 20, 1963.


Attorney(s) appearing for the Case

Bass & Friend, New York City, for plaintiff; Amster & Rothstein, New York City, of counsel.

Leonard Belford, New York City, for defendant.


WYATT, District Judge.

This motion is for a preliminary injunction in an action for unfair competition.

Jurisdiction is based on Sections 39 and 43(a) of the Lanham Trade-Mark Act, 15 U.S.C. §§ 1121, 1125(a) and is upheld, absent diversity of citizenship, by L'Aiglon Apparel, Inc. v. Lana Lobell, Inc., 214 F.2d 649 (3d Cir. 1954). There has been no similar decision by our Court of Appeals but a number of District...

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