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NADYA, INC. v. MAJESTIC METAL SPECIALTIES

127 F.Supp. 467 (1954)

NADYA, Inc., Plaintiff, v. MAJESTIC METAL SPECIALTIES, Inc., Defendant.

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

December 27, 1954.

Attorney(s) appearing for the Case

Robert E. Burns, New York City, for plaintiff.

James & Franklin, New York City, by: Bernard S. Franklin, New York City, of counsel, for defendant.

EDELSTEIN, District Judge.

Plaintiff, as holder of two "basket" patents, one mechanical and one design, has moved for a preliminary injunction against the defendant who is a manufacturer of ladies' handbags, which are alleged to infringe both patents. The defendant puts in issue the validity of the patents and also denies infringement.

The granting of a preliminary injunction "is an exercise of a very farreaching power, never to be indulged in except in a...

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