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STARDUST, INC. v. WEISS

79 F.Supp. 274 (1948)

STARDUST, Inc. v. WEISS et al.

District Court, S. D. New York.

May 7, 1948.

Attorney(s) appearing for the Case

Root, Ballantine, Harlan, Bushby & Palmer, of New York City, and A. W. Murray, of Chicago, Ill. (John E. F. Wood, James P. Kranz, Jr. and F. E. Thorne, all of New York City, of counsel), for plaintiff.

Mock & Blum, of New York City (Asher Blum and Murray Winkler, both of New York City, of counsel), for defendants.

GODDARD, District Judge.

This is a suit for alleged trade-mark infringement and unfair competition. Injunctive relief and damages are sought. Jurisdiction is alleged under Federal Trade-Mark Act of February 20, 1905, 15 U.S.C.A. § 97, and Section 24(7) of the Judicial Code, 29 U.S.C.A. § 41(7).

The plaintiff, Stardust, Inc. [formerly known as Industrial Undergarment corporation], is a New York corporation, manufacturers of women's wearing apparel...

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