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AMIESITE ASPHALT CO. OF AMERICA v. INTERSTATE AMIESITE CO.

No. 942.

4 F.Supp. 504 (1933)

AMIESITE ASPHALT CO. OF AMERICA v. INTERSTATE AMIESITE CO.

District Court, D. Delaware.

August 21, 1933.

Attorney(s) appearing for the Case

Hugh M. Morris, of Wilmington, Del., and C. J. Hepburn (of Hepburn & Norris), of Philadelphia, Pa., for plaintiff.

Henry N. Paul and Frank B. Fox, both of Philadelphia, Pa., and Ayres J. Stockly (of Hastings, Stockly & Duffy), of Wilmington, Del., for defendant.

NIELDS, District Judge.

Amiesite Asphalt Company of America filed its bill of complaint charging the defendant, the Interstate Amiesite Company, with (1) unfair competition in trade in the use of the word "Amiesite," and (2) infringement of plaintiff's registered trade-mark "Amiesite" for a "paving composition comprising crushed stones coated with asphaltic or other bituminous, resinous, or carbonaceous matter."

Defendant answers that the right to the use...

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