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SWARTHMORE CLASSICS v. SWARTHMORE JUNIOR

Civ. 39-598.

81 F.Supp. 917 (1949)

SWARTHMORE CLASSICS, Inc. v. SWARTHMORE JUNIOR.

United States District Court S. D. New York.

January 13, 1949.

Attorney(s) appearing for the Case

Garey & Garey and Joseph F. O'Neill, both of New York City, and Richard B. Malis, of Philadelphia, Pa., for plaintiff.

Charles Sonnenreich, of New York City, for defendant.

RIFKIND, District Judge.

Plaintiff seeks a declaratory judgment that its use of its trademark, "Swarthmore Classics", as applied to women's blouses, does not infringe defendants' United States trademark registration No. 403,345, "Swarthmore Junior" and that the latter trademark registration is invalid and void, and an injunction restraining defendants from claiming that their trademark is infringed by plaintiff's use of its trademark as applied to women's blouses...

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