CARL ZEISS STIFTUNG v. V. E. B. CARL ZEISS, JENA

No. 62 Civ. 850.

293 F.Supp. 892 (1968)

CARL ZEISS STIFTUNG, doing business under the name and style of Carl Zeiss; and Zeiss Ikon A.G., Plaintiffs, v. V. E. B. CARL ZEISS, JENA; Steelmasters, Inc.; Ercona Corporation; Exakta Camera Company, Inc.; and Camera Specialty Company, Inc., Defendants, Carl Zeiss, Inc., Additional Defendant on Counterclaims.

United States District Court S. D. New York.

November 7, 1968.


Attorney(s) appearing for the Case

Milbank, Tweed, Hadley & McCloy, New York City, for plaintiffs and Carl Zeiss, Inc., William E. Jackson, Isaac Shapiro, Patrick Owen Burns, Walter J. Derenberg, of Von Maltitz, Derenberg, Kunin & Janssen, New York City, of counsel.

Harry I. Rand, New York City, for defendants V.E.B. Carl Zeiss Jena, Steelmasters, Inc., and Ercona Corp., Donald E. Nawi, David Kremen, Hays, Sklar & Herzberg, and Warren F. Schwartz, New York City, of counsel.

"At the Court's request the factual background, because of its length, is not published."


DISCUSSION

MANSFIELD, District Judge.

A central and primary issue in this case is whether the plaintiff Foundation or that established in East Germany in 1951 is legally identical with, and the successor to, the original Abbe Foundation, which is without question entitled to exclusive use of the United States trademarks in dispute. The Soviet expropriation purported to encompass all Zeiss trademarks owned by the Zeiss firm, wherever located. In view of the...

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