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GEORGE O'DAY ASSOCIATES, INC. v. TALMAN CORPORATION

Civ. A. No. 2646.

206 F.Supp. 297 (1962)

GEORGE O'DAY ASSOCIATES, INC., Plaintiff, v. TALMAN CORPORATION and Talman Bigelow, Defendants.

United States District Court D. Rhode Island.

June 7, 1962.

Attorney(s) appearing for the Case

Robert B. Russell, of Russell, Chittick & Pfund, Boston, Mass., Benjamin A. Smith, of Tillinghast, Collins & Tanner, Providence, R. I., John L. Saltonstall, Jr., of Hill, Barlow, Goodale & Adams, Boston, Mass., for plaintiff.

John H. Chafee, Edward F. Hindle, of Edwards & Angell, Providence, R. I., for defendant.

DAY, District Judge.

This is an action for alleged unfair competition and for alleged violation of Section 43(a) of the Lanham Act, 15 U.S.C.A. § 1125(a). Jurisdiction of this Court exists under the provisions of 28 U.S.C.A. § 1332 and 15 U.S.C.A. § 1125 (a).

From the evidence adduced at the trial it appears that during the year 1957 the plaintiff (now known as O'Day Corporation), being desirous of placing upon the market a safe family type...

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