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J. H. SMITH CO. v. JORDAN MARSH COMPANY

Civ. A. No. 58-324-F.

161 F.Supp. 659 (1958)

J. H. SMITH CO., Inc. v. JORDAN MARSH COMPANY, Beacon Enterprises, Inc., and Parke Snow, Inc.

United States District Court D. Massachusetts.

April 21, 1958.

Attorney(s) appearing for the Case

W. R. Hulbert, Fish, Richardson & Neave, William W. Rymer, Jr., Boston, Mass., Merrill F. Steward, New Haven, Conn., for plaintiff.

L. William Bertelsen, III, Kenway, Jenney, Witter & Hildreth, Harris A. Reynolds, Boston, Mass., for defendant.

FORD, District Judge.

Plaintiff in this action as well as two of the defendants, Jordan Marsh Company and Parke Snow, Inc., are Massachusetts corporations and the third defendant, Beacon Enterprises, Inc., is a New York Corporation. The complaint alleges that plaintiff manufactures an exercising device which it advertises and sells under the trademark Slim-Cycle and a distinctive label which it has registered in accordance with Mass.G.L., Ch. 110, § 8. There...

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