Orchard Bros. v. Rudin

FOLEY, District Judge.

Plaintiff moves for a preliminary injunction pending the trial of this action. The action is one based upon alleged trade-mark infringement and unfair competition. The application to enjoin specified business activity on the part of the defendant, and the particular use of the trade-mark “Ro-La-Lume”, is based upon the pleadings, affidavits and exhibits. Affidavits and exhibits have been submitted in behalf of the defendant in opposition. On the return day of the motion, near the end of lengthy argument, it was indicated by the attorney for the plaintiff that agreement…