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BROWNE-VINTNERS CO. v. NATIONAL D. & C. CORP.

151 F.Supp. 595 (1957)

BROWNE-VINTNERS CO., Inc., G. H. Mumm & Co., Société Vinicole de Champagne Successeurs, G. H. Mumm & Co. (Société Vinicole de Champagne Successeurs) of New York, Inc., Plaintiffs, v. NATIONAL DISTILLERS AND CHEMICAL CORPORATION, Defendant.

United States District Court S. D. New York.

May 15, 1957.

Attorney(s) appearing for the Case

C. P. Goepel, New York City, for plaintiffs.

Breed, Abbott & Morgan, New York City, for defendant, Gerald J. Craugh, New York City, and Morris, Pearce, Gardner & Pratt, David A. Fegan, Washingon, D. C., of counsel.

McGOHEY, District Judge.

This is an action for injunctive relief and damages for alleged infringement of the three registered trade-marks applied to champagne, "G. H. Mumm & Co.," "Mumm" and "Mumm-Reims"; and for unfair competition. Jurisdiction rests on the trade-mark laws of the United States and diverse citizenship of the parties.

The defendant, by selling Rhine wine under the name "G. H. v. Mumm," has competed...

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