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MICHEL & PFEFFER IRON WORKS v. ARISTON

60 F.Supp. 332 (1945)

MICHEL & PFEFFER IRON WORKS, Inc., v. ARISTON, Inc.

District Court, S. D. New York.

March 9, 1945.

Attorney(s) appearing for the Case

J. T. Basseches, of New York City (Arthur E. Cooley and Henry Gifford Hardy, both of San Francisco, Cal., of counsel), for plaintiff.

William J. Graham and Murray & Parker, all of New York City (William J. Graham and Kenneth H. Murray, both of New York City, of counsel), for defendant.

MANDELBAUM, District Judge.

Defendant moves to dismiss the complaint alleging that it fails to state a claim against defendant upon which relief may be granted and for lack of jurisdiction for failure to name the Commissioner of Patents as a necessary party to the action.

The suit is based upon R.S. § 4915, 35 U.S.C.A. § 63, pursuant to which plaintiff seeks an adjudication entitling it to register a composite trade-mark, and as part of the relief...

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