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COLUMBIA NASTRI & CARTA CARBONE v. COLUMBIA R. & C. MFG. CO.

No. 2, Docket 30334.

367 F.2d 308 (1966)

COLUMBIA NASTRI & CARTA CARBONE, S/p/A, a corporation organized and existing under the Laws of Italy, formerly known as Columbia Ribbon & Carbon Manufacturing Company, S/p/A-Milano (also a corporation organized and existing under the Laws of Italy), Plaintiff-Appellant, v. COLUMBIA RIBBON & CARBON MANUFACTURING CO., Inc., a corporation organized and existing under the laws of the State of New York, Defendant Appellee.

United States Court of Appeals Second Circuit.

Decided October 19, 1966.

Attorney(s) appearing for the Case

Louis A. Sabatino, Miami, Fla. (Zock, Petrie, Sheneman & Reid, and Howard M. McCormack, New York City, on the brief), for plaintiff-appellant.

George Link, Jr., New York City (McKercher & Link, and James J. Brogan, New York City, on the brief), for defendant-appellee.

Before LUMBARD, Chief Judge, and WATERMAN and ANDERSON, Circuit Judges.

LUMBARD, Chief Judge.

The appellant, Columbia Nastri & Carta Carbone, S/p/A, an Italian corporation, brought this diversity action in the Southern District of New York to recover $41,100 which it paid to the appellee, Columbia Ribbon & Carbon Manufacturing Co., Inc., a New York corporation, as royalties for the use of certain trademarks in Italy during the years 1949 through 1958. The Italian corporation claimed that...

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