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EXAKTA CAMERA COMPANY OF AMERICA v. CAMERA SPECIALTY CO.

154 F.Supp. 158 (1957)

The EXAKTA CAMERA COMPANY OF AMERICA, Incorporated, Plaintiff, v. CAMERA SPECIALTY COMPANY, Incorporated, et al., Defendants.

United States District Court S. D. New York.

March 28, 1957.

Attorney(s) appearing for the Case

James J. McDermott, New York City, Frank E. Scrivener, Washington, D. C., Charles K. Davies, Jr., Gaithersburg, Md., William D. Payne, Washington, D. C., of counsel, for plaintiff.

Holland, Armstrong, Bower & Carlson, New York City, Joseph P. Previto, New York City, of counsel, for defendants Camera Specialty Co., Inc., Max Wirgin, Wolfe Wirgin, Henry Wirgin, Exakta Camera Co.

DIMOCK, District Judge.

Plaintiff, claiming to be the owner of U. S. Trademark Registrations Nos. 314,049 and 354,241 for the trademarks Exakta and Kine Exakta respectively, brings this action for infringement. Defendants concede that they are using these trademarks in the sale of cameras. They nevertheless make this motion for summary judgment on the ground that there is no genuine issue of fact as to plaintiff's lack of title.

The relevant facts are very...

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