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ARTYPE, INCORPORATED v. ZAPPULLA

127 F.Supp. 33 (1954)

ARTYPE, INCORPORATED, Plaintiff, v. Joseph ZAPPULLA, d/b/a Art-Type Service, Defendant.

United States District Court, S. D. New York.

December 22, 1954.

Attorney(s) appearing for the Case

Edmund F. Lamb, New York City, and I. Irving Silverman, Chicago, Ill., for plaintiff.

Rosario Ingargiola, Brooklyn, N. Y., for defendant.

MURPHY, District Judge.

In this action for trademark infringement and unfair competition, jurisdiction is predicated upon the diverse citizenship of plaintiff, an Illinois corporation, and defendant, a New York resident doing business within this judicial district together with allegations that more than $3,000 exclusive of costs is involved, as well as upon violations of the Act of July 5, 1946, 60 Stat. 427, 15 U.S. C.A. c. 22. Plaintiff seeks (1) adjudication of...

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