Artype, Inc. v. Zappulla

MURPHY, District Judge.

In this action for trademark infringement and unfair competition, jurisdiction is predicated upon the diverse citizenship of plaintiff, an Illinois corporation, and defendant, a New York resident doing business within this judicial district together with allegations that more than $3,000 exclusive of costs is involved, as well as upon violations of the Act of July 5, 1946, 60 Stat. 427, 15 U.S. C.A. c. 22. Plaintiff seeks (1) adjudication of the validity of its registered mark “Artype”, (2) injunction restraining defendant from using an imitative mark in connection with…