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SCHILLINGER v. SCHILLINGER HOUSE

Civ. A. 8911.

101 F.Supp. 707 (1951)

SCHILLINGER v. SCHILLINGER HOUSE, Inc. et al.

United States District Court, D. Massachusetts.

December 6, 1951.

Attorney(s) appearing for the Case

Lee M. Friedman and Lawrence M. Levinson, Friedman, Atherton, King & Turner, all of Boston, Mass., for plaintiff.

Martin W. Cohen, Richard F. Walker, Boston, Mass., for defendants.

SWEENEY, Chief Judge.

In this action the plaintiff seeks to enjoin the defendants from the use of the word "Schillinger", either alone or in conjunction with any other word in any manner, and also seeks to recover such profits and gains as the defendants may have realized from the unlawful use of the name. The defendants in substance aver that they were entitled to use the name as they have used it, and in a counterclaim ask for a decree declaring that they are fully...

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