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INDUSTRIAL RAYON CORP. v. DUTCHESS UNDERWEAR CORP.

17 F.Supp. 783 (1937)

INDUSTRIAL RAYON CORPORATION v. DUTCHESS UNDERWEAR CORPORATION.

District Court, S. D. New York.

January 21, 1937.

Attorney(s) appearing for the Case

Sullivan & Cromwell, of New York City, and Tolles, Hogsett & Ginn, of Cleveland, Ohio (Inzer B. Wyatt, of New York City, Louis S. Peirce, of Cleveland, Ohio, and David W. Peck and Franklin B. Lincoln, Jr., both of New York City, of counsel), for plaintiff.

Herbert Kaufman, of New York City (Asher Blum and Hugo Mock, both of New York City, of counsel), for defendant.

WOOLSEY, District Judge.

I dismiss the complaint herein on the merits but without costs.

I. This is a cause in equity between two Delaware corporations involving the alleged infringement by the defendant of the plaintiff's trade-mark Spun-lo registered under the United States Trade-Mark Law — whence flows the subject matter jurisdiction of this court, title 15 United States Code § 81 et seq. (15 U.S.C.A. §§ 81 et seq.) — and a...

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