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R. P. HAZZARD CO. v. EMERSON'S SHOES

Civ. A. No. 7230.

89 F.Supp. 211 (1950)

R. P. HAZZARD CO. v. EMERSON'S SHOES, Inc., et al.

United States District Court D. Massachusetts.

February 2, 1950.

Attorney(s) appearing for the Case

Lee M. Friedman, Friedman, Atherton, King & Turner, Boston, Mass., for plaintiff.

Bailen, Snyder & Vernaglia, Herman Snyder, Boston, Mass., for Arlington Shoe Corporation and McElroy-Kerstein, Inc.

McCARTHY, District Judge.

This is an action for trade-mark infringement and unfair competition. The plaintiff has waived an accounting for damages and profits and seeks only to restrain the defendants from violating its rights in certain trade-marks containing the words "The Emerson Shoe" registered in the United States Patent Office on July 28, 1914 (No. 98649) and May 4, 1920 (Nos. 130711, 130712, and 130713) by the Emerson Shoe Company. All of these marks have...

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