CASHIN, District Judge.
Defendant moves for summary judgment pursuant to Rules 12(b) and 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. The action is one for a declaratory judgment stating that plaintiffs have not infringed on defendant's trade-mark and that the trade-mark is invalid and void.
The facts are essentially as follows:
On February 7, 1956 and February 14, 1956, plaintiffs began to use the trade-mark "Verel", first on synthetic...
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