Exakta Camera Co. of America, Inc. v. Camera Specialty Co.

DIMOCK, District Judge.

Plaintiff, claiming to be the owner of U. S. Trademark Registrations Nos. 314,-049 and 354,241 for the trademarks Exakta and Kine Exakta respectively, brings this action for infringement. Defendants concede that they are using these trademarks in the sale of cameras. They nevertheless make this motion for summary judgment on the ground that there is no genuine issue of fact as to plaintiff’s lack of title.

The relevant facts are very simple. A partnership, known as Ihagee Kamerawerk Steenbergen & Co., of Dresden, Germany, prior to October 8, 1941, conducted a camera…