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CO-ED ORIGINALS v. MUTUAL GARMENT CO.

58 F.Supp. 17 (1944)

CO-ED ORIGINALS, Inc., v. MUTUAL GARMENT CO.

District Court, S. D. New York.

September 18, 1944.

Attorney(s) appearing for the Case

Shlivek & Brin, of New York City (Max Shlivek and Saul S. Brin, both of New York City, of counsel), for plaintiff.

Spencer A. Studwell, of New York City (Ralph Kalish and Alfred W. Petchaft, both of St. Louis, Mo., of counsel), for defendant.

KNOX, District Judge.

Plaintiff here sues to restrain an alleged infringement of the registered trade-mark "Co-Ed" (No. 75,933, November 30, 1909, renewed 1929), and to restrain what is charged to be unfair competition on the part of defendant.

Plaintiff claims that it, and its predecessors in interest, have continuously used the mark since 1909 when it was adopted by the dress manufacturing firm of Dallet and Weyl.

Defendant, since 1932, has engaged...

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