Folmer Graflex Corp. v. Graphic Photo Service

SWEENEY, District Judge.

There are before me two motions: (1) To strike the fourth defense set up in the defendants’ answer as immaterial, impertinent, or scandalous, and (2) a motion to strike the action from the jury list. The second motion raises the question of the defendants’ right to a trial by jury.

The action involves an alleged infringement of the plaintiff’s trade-mark, and seeks an injunction against the defendants and an accounting of their profits. This action is in the nature of an old action in equity, and, as such, is triable before a court without a jury. See National Labor…