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FORSTMANN WOOLEN CO. v. J. W. MAYS, INC.

Civil Action No. 7440.

71 F.Supp. 459 (1947)

FORSTMANN WOOLEN CO. v. J. W. MAYS, Inc.

District Court, E. D. New York.

May 6, 1947.

Attorney(s) appearing for the Case

Gainsburg, Gottlieb, Levitan & Cole, of New York City (Joseph P. Segal, of New York City, of Counsel), for plaintiff.

Conrad and Smith, of New York City (Samuel Rubin and Milton Horowitz, both of New York City, of counsel), for defendant.

GALSTON, District Judge.

This is a motion by the plaintiff in a trade-mark, copyright and unfair competition suit for summary judgment.

It appears that the plaintiff is a manufacturer of woolen and worsted fabrics and has adopted as its trade-mark the names "Forstmann" and "Forstmann Woolens." The plaintiff procured the registration of the name "Forstmann Woolens" as evidenced by trade-mark certificate No. 371906 on October 10, 1939, for woolen piece goods...

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