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CARLING BREWING COMPANY v. FATATO, INC.

No. 69 Civ. 819.

305 F.Supp. 1070 (1969)

CARLING BREWING COMPANY, Incorporated, Plaintiff, v. L. FATATO, INC., Defendant, and Eastern Brewing Corporation, Defendant.

United States District Court E. D. New York.

September 16, 1969.

Attorney(s) appearing for the Case

Casey, Tyre, Wallace & Bannerman, New York City, for plaintiff; by Donald L. Wallace, New York City, of counsel.

Cushman, Darby & Cushman, Washington, D. C., DiFalco, Field, Florea & O'Rourke, New York City, for defendants; by James L. Dooley, Washington, D. C., and David Field, New York City, of counsel.

ORDER

JUDD, District Judge.

This cause came on for hearing on September 12, 1969, on the plaintiff's motion for preliminary injunction, and the parties presented their respective proofs thereon, including affidavits, depositions, Answers to Interrogatories and Requests for Admissions, counter-affidavits, and oral testimony of witnesses for the parties, and from all of the evidence thus adduced the Court finds that the plaintiff has valid trademark rights...

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