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JAVAR COFFEE CO. v. JOS. MARTINSON & CO.

142 F.Supp. 423 (1956)

JAVAR COFFEE CO., Inc., Plaintiff, v. JOS. MARTINSON & CO., Inc., Defendant.

United States District Court S. D. New York.

June 14, 1956.

Attorney(s) appearing for the Case

Socolow, Stein & Seton, New York City, for plaintiff.

Phillips, Nizer, Benjamin & Krim, New York City, for defendant, Paul Martinson, Charles J. Meyers, New York City, of counsel.

DIMOCK, District Judge.

Plaintiff brings this action (1) for a declaratory judgment that its use of the name "Javar" does not infringe upon defendant's trade-mark "Jomar", and (2) for an injunction restraining defendant from making any statements to plaintiff's customers that plaintiff's use of the name "Javar" constitutes an infringement. Defendant counterclaims for an injunction to prevent plaintiff's continued use of "Javar" and for an accounting. Motions by both...

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