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BRASS RAIL v. YE BRASS RAIL OF MASSACHUSETTS

Nos. 4383, 4384.

43 F.Supp. 671 (1938)

BRASS RAIL, Inc., v. YE BRASS RAIL OF MASSACHUSETTS, Inc. SAME v. YE BRASS RAIL OF MASSACHUSETTS, Inc., STORE NO. 3.

District Court, D. Massachusetts.

January 11, 1938.

Attorney(s) appearing for the Case

Lee M. Friedman (of Friedman, Atherton, King & Turner), of Boston, Mass. for plaintiff.

Louis J. Blender, of Boston, Mass., for defendant.

SWEENEY, District Judge.

These are suits in equity in which the plaintiff seeks to enjoin the defendants from using the name "Brass Rail" on the grounds of unfair competition and infringement of a copyright.

Findings of Fact

In November of 1925, the plaintiff corporation was formed under the laws of the State of New York. At that time one Levine conceived the idea of operating a small restaurant with a bar, reminiscent of the pre-prohibition days...

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