W. A. Sheaffer Pen Co. v. Worth Featherweight Pen Co.

WOOLSEY, District Judge.

This motion is in all respects granted.

I. This is a suit in equity between a corporation of Delaware and a corporation of New York which seeks to enjoin infringement by the defendant of the plaintiff’s design patent No. 78,795, and the plaintiff’s registered trade-marks U. S. No. 219,435 and U. S. No. 226,426, and also no prevent the defendant from continuing unfair competition with the plaintiff by selling its pens under the name of “Safer” pens and by issuing guaranties of its pens purporting to be given by the “Safer Service Pen Company.”

The jurisdiction of the…