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DeMERT & DOUGHERTY, INC. v. CHESEBROUGH-POND'S, INC.

No. 72 C 650.

348 F.Supp. 1194 (1972)

DeMERT & DOUGHERTY, INC., Plaintiff, v. CHESEBROUGH-POND'S, INC., Defendant.

United States District Court, N. D. Illinois, E. D.

October 2, 1972.

Attorney(s) appearing for the Case

R. Howard Goldsmith and Henry S. Kaplan, Dressler, Goldsmith, Clement & Gordon, Chicago, Ill., for plaintiff.

George Kelm, Hopkins, Sutter, Owen, Mulroy & Davis, Chicago, Ill., for defendant; Pennie, Edmonds, Morton, Taylor & Adams, New York City, Stanton T. Lawrence, Jr., and Sidney R. Bresnick, New York City, of counsel.

MEMORANDUM OPINION and JUDGMENT ORDER

AUSTIN, District Judge.

Plaintiff seeks recovery of damages caused by defendant's allegedly false or fraudulent registration of a trademark with the Commissioner of Patents. Count I of the complaint asserts a federal right to recovery under 15 U.S.C. § 1120 (1970). Jurisdiction in Count I is based upon 15 U.S.C. § 1121 (1970) and 28 U.S.C. § 1338 (1971). Count II invokes this court's diversity jurisdiction...

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