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PRESIDENT & TR. OF COLBY COL. v. COLBY JR. COL. FOR WOMEN

Civ. A. No. 73-102.

359 F.Supp. 571 (1973)

The PRESIDENT AND TRUSTEES OF COLBY COLLEGE, a corporation incorporated under the laws of the State of Maine and having its principal place of business in the State of Maine v. COLBY JUNIOR COLLEGE FOR WOMEN, a corporation incorporated under the laws of the State of New Hampshire and having its principal place of business in the State of New Hampshire.

United States District Court, D. New Hampshire.

June 1, 1973.

Attorney(s) appearing for the Case

Lawrence E. Spellman, Sulloway, Hollis, Godfrey & Soden, Concord, N. H., Vincent L. McKusick, Pierce, Atwood, Scribner, Allen & McKusick, Portland, Me., for plaintiff.

F. Graham McSwiney, Hall, Morse, Gallagher & Anderson, Concord, N. H., for defendant.

OPINION

BOWNES, District Judge.

The complaint in this case alleges infringement of a common-law trade name. Plaintiff "Colby College," located in Waterville, Maine, seeks a preliminary and permanent injunction forbidding the defendant, now "Colby Junior College for Women," located in New London, New Hampshire, from changing its name, effective July 1, 1973, to "Colby College-New Hampshire." Jurisdiction is based on diversity of citizenship and the requisite...

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