Haviland & Co. v. Montgomery Ward & Co.

WEINFELD, District Judge.

This litigation revolves about a trademark “Haviland” claimed by plaintiff, which is used on merchandise, the sale of which runs into millions of dollars annually.

More than two years ago the defendants served a notice to take the deposition of the plaintiff by the Chairman of its Board of Directors, resident in Limoges, France. No action was taken to vacate that notice until recently when the defendants pressed for the examination, whereupon the plaintiff made the present motion to vacate the notice (including a subsequent one served by the defendants). The principal…