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GENOVESE v. SKOL CO.

73 F.Supp. 423 (1945)

GENOVESE et al. v. SKOL CO., Inc., et al.

District Court, S. D. New York.

March 8, 1945.

Attorney(s) appearing for the Case

Anthony J. Graziano of New York City, for plaintiffs.

Hoguet, Neary & Campbell, of New York City (Mark N. Donohue, of New York City, of counsel), for defendant Skol Co., Inc.

MANDELBAUM, District Judge.

The action is for unfair competition based on an alleged infringement of plaintiffs' common law trade-mark. Since the trade-mark is not registered, jurisdiction is not conferred in this court under the trade-mark laws of the United States. Plaintiffs invoke the jurisdiction of the court solely on the ground of diversity of citizenship.

This is a motion by one of the defendants, Skol Company...

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