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FOLMER GRAFLEX CORPORATION v. GRAPHIC PHOTO SERVICE

No. 972 Civ. A.

44 F.Supp. 429 (1942)

FOLMER GRAFLEX CORPORATION v. GRAPHIC PHOTO SERVICE et al.

District Court, D. Massachusetts.

New Trial Granted June 19, 1942.

Attorney(s) appearing for the Case

Irving U. Townsend, I. U. Townsend, Jr., and Emery, Booth, Townsend, Miller & Weidner, all of Boston, Mass., for plaintiff.

Worth Rowley, of Boston, Mass., for defendants.

FORD, District Judge.

The plaintiff brings this action for trademark infringement and unfair competition. Injunctive relief only is sought — an accounting for damages and profits being waived — to restrain the defendants from violating the rights of the plaintiff in the trade-mark "Graphic" registered in the United States Patent Office on December 4, 1906 by Folmer & Schwing Company, of Rochester, New York, a predecessor of the plaintiff, under the...

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