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BURLINGTON MILLS CORPORATION v. ROY FABRICS

91 F.Supp. 39 (1950)

BURLINGTON MILLS CORPORATION v. ROY FABRICS, Inc., et al.

United States District Court S. D. New York.

May 17, 1950.

Attorney(s) appearing for the Case

Lauterstein & Lauterstein, New York City(Leon Lauterstein, Jacob L. Isaacs, New York City, of counsel), for plaintiff.

Kadel & Wilson, New York City (John Kadel, Abraham Wilson, New York City, of counsel), for defendants.

CONGER, Justice.

This is a motion by the plaintiff pursuant to Rule 65 of the Federal Rules of Civil Procedure, 28 U.S.C.A., for a preliminary injunction restraining the defendants, their agents, servants, employees, etc. as follows:

"a. From using the names `Burlington Mills', `Burlington' and `Bur-Mil' and any other trademark or trade name of plaintiff in connection with the display, offering for sale or sale of...

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