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CHESTER BARRIE, LTD. v. THE CHESTER LAURIE, LTD.

189 F.Supp. 98 (1960)

CHESTER BARRIE, LTD., Plaintiff, v. THE CHESTER LAURIE, LTD., and Samuel Kozinsky, d/b/u trade name and style of Dependable Clothing Company, Defendants.

United States District Court S. D. New York.

October 18, 1960.

Attorney(s) appearing for the Case

Stroock & Stroock & Lavan, New York City (Julius H. Sherman, Bernard Liles and Edward C. Rowe, New York City, of counsel), for plaintiff.

William J. Cantwell, New York City (Peter S. Kurtz, New York City, of counsel), for defendant.

BICKS, District Judge.

This is an action for trade mark infringement and unfair competition, tried to the court without a jury. Jurisdiction is founded on 28 U.S.C. § 1338(a). The claim for infringement being clearly substantial carries with it and confers upon this court jurisdiction to determine the related claim of unfair competition. Schreyer v. Casco Products Corp., 2 Cir., 1951, 190 F.2d 921, 924. See also Maternally Yours...

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