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TIME, INC. v. BARSHAY

27 F.Supp. 870 (1939)

TIME, Inc., v. BARSHAY.

District Court, S. D. New York.

May 25, 1939.

Attorney(s) appearing for the Case

Cravath, de Gersdorff, Swaine & Wood, of New York City (John F. Harding, of New York City, of counsel), for plaintiff.

Barshay, Frankel & Rothstein, of New York City (Albert E. Schwartz, of New York City, and Jacob Z. Hoffman, of Brooklyn, of counsel), for defendant.

GALSTON, District Judge.

The jurisdiction of the court rests upon the alleged infringement of plaintiff's trademarks No. 246,868, issued by the United States Patent Office September 18, 1928 for the trade-mark "Time"; certificate No. 253,432, issued February 26, 1929, also for the trade-mark "Time", and certificate No. 330,900, issued December 17, 1935, for the trade-mark "The March of Time". The first two of these trade-marks are for a weekly magazine and the third...

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