B & L SALES ASSOCIATES v. H. DAROFF & SONS, INC.

No. 192, Docket 33769.

421 F.2d 352 (1970)

B & L SALES ASSOCIATES, Appellant, v. H. DAROFF & SONS, INC., Appellee.

United States Court of Appeals, Second Circuit.

Decided February 5, 1970.


Attorney(s) appearing for the Case

David Wolf, Boston, Mass. (Wolf, Greenfield, Hieken & Sacks, Boston, Mass., and Howard Dorris, Flushing, N. Y., on the brief), for appellant.

Alan H. Bernstein, Philadelphia, Pa. (Caesar, Rivise, Bernstein & Cohen, Philadelphia, Pa., Manny D. Pokotilow, Philadelphia, Pa., and Weil, Gotshal & Manges, New York City, Michael K. Stanton and Eric R. Roper, New York City, on the brief), for appellee.

Before MEDINA, MOORE and FEINBERG, Circuit Judges.


MOORE, Circuit Judge:

Plaintiff-appellant B & L Sales Associates (B & L) filed a complaint against H. Daroff & Sons, Inc. (Daroff) alleging trademark infringement, unfair competition and dilution of trademark. B & L duly filed a demand for jury trial. Daroff answered with a general denial, filed a counterclaim seeking cancellation of the trademark in dispute, and moved to strike the demand for jury trial. The latter motion was granted by Judge Tyler...

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