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LUSTA-FOAME CO. v. WM. FILENE'S SONS CO.

Civ. A. No. 3971.

66 F.Supp. 517 (1946)

LUSTA-FOAME CO. v. WM. FILENE'S SONS CO. et al.

District Court, D. Massachusetts.

June 28, 1946.

Attorney(s) appearing for the Case

Robert L. Thompson, and Joseph V. Carroll, both of Boston, Mass. (Roberts, Cushman & Grover, of Boston, Mass., of counsel), for plaintiff.

Hector M. Holmes, of Boston, Mass., for defendant.

SWEENEY, District Judge.

This is an action for trade-mark infringement and unfair competition with a prayer for an injunction and an accounting of profits. This Court has jurisdiction of the infringement action under 28 U.S.C. A. § 41(7) and 15 U.S.C.A. § 97. As an incident thereto this Court has jurisdiction to decide the claim of unfair competition. Hurn v. Oursler, 289 U.S. 238, 53 S.Ct. 586, 77 L.Ed. 1148; Armstrong Paint...

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