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WATERMAN-BIC PEN CORP. v. BEISINGER INDUSTRIES CORP.

No. 70 Civ. 3037.

321 F.Supp. 178 (1970)

WATERMAN-BIC PEN CORPORATION and Societe Bic, Plaintiffs, v. BEISINGER INDUSTRIES CORP., Defendant.

United States District Court, S. D. New York.

August 19, 1970.

Attorney(s) appearing for the Case

Phillips, Nizer, Benjamin, Krim & Ballon, New York City, for plaintiffs; Louis Nizer, Leon Alexandroff, New York City, of counsel.

Milton Kean, New York City, for defendant.

MEMORANDUM

COOPER, District Judge.

Plaintiffs, Societe Bic and its United States trade-mark assignee, Waterman-Bic Pen Corporation, seek a preliminary injunction pursuant to Rule 65, F.R.Civ. P. enjoining Beisinger Industries Corporation from utilizing the symbol "BIC" as its trade name, trade-mark and ticker symbol on the National Stock Exchange.

Jurisdiction rests upon the Lanham Trade-Mark Act of 1946, 15 U.S.C. § 1121, 28 U.S.C. § 1338...

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