LI & FUNG LTD. v. L. W. LOYD COMPANY

No. 43169.

235 F.Supp. 385 (1964)

LI & FUNG LTD., Opposer, v. L. W. LOYD COMPANY, Inc., Applicant.

United States District Court E. D. Tennessee, S. D.

June 19, 1964.


Attorney(s) appearing for the Case

Spitzer & Feldman, New York City, Charles Goins, Chattanooga, Tenn., for opposer.

A. Yates Dowell and A. Yates Dowell, Jr., Washington, D. C., Lamont Johnston, Chattanooga, Tenn., for applicant.


DARR, District Judge.

This is one of the situations where there is imposed upon district courts scant jurisdiction over peripheral incidents occurring in administrative procedures.

The controversy is before the Trademark Trial and Appeal Board of the Patent Office to settle which of the litigants is entitled to use the name "Black Cat" on firecrackers.

Under authority contained in 35 U.S. C.A. § 24, the Clerk of this Court issued a witness subpoena...

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