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FINCHLEY, INC. v. GEORGE HESS CO.

No. 8505.

24 F.Supp. 94 (1938)

FINCHLEY, Inc., v. GEORGE HESS CO., Inc., et al.

District Court, E. D. New York.

July 5, 1938.

Attorney(s) appearing for the Case

Clarence G. Campbell, of New York City, for plaintiff.

Henry A. Friedman, of New York City, (Joseph G. Cohen, of New York City, of Counsel), for defendants.

BYERS, District Judge.

The plaintiff seeks an injunction against the infringement of its trade-mark "Finchley" by the defendants, one of whom (Hess) is a manufacturer of women's dresses, and the other (Gertz) is a distributor thereof, in this district.

At the hearing, the plaintiff waived its prayer for an accounting, and since there is no question of unfair competition involved, the sole issue is narrow; namely, whether the use by Hess of its trade-mark ...

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