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WARSHAUER & FRANCK v. BELMAR FASHIONS

43 F.Supp. 138 (1941)

WARSHAUER & FRANCK, Inc., v. BELMAR FASHIONS, Inc.

District Court, S. D. New York.

November 14, 1941.

Attorney(s) appearing for the Case

Charles Sonnenreich, of New York City, for plaintiff.

William Seligson, of New York City (John P. Chandler, of New York City, of counsel), for defendant.

CONGER, District Judge.

These are two motions (1) to dismiss the first cause of action on the ground that the patent is invalid on its face; and (2) for a preliminary injunction based on the unfair competition alleged in the second cause of action.

The complaint contains two causes of action, the first alleging an infringement of a dress design patent No. D 119,902, and the second alleging unfair competition by the defendants in selling and alleged identical...

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