Legal Opinion

Prince Matchabelli, Inc. v. Anhalt & Co.

District Court, S.D. New York

Decided July 14, 1941PublishedCited by 2 opinions

1Opinion of the Court

COXE, District Judge.

This is a motion by the plaintiff for an injunction pendente lite. There is also a counter motion by the defendant to strike from the complaint allegations charging the defendant with unfair competition.

The suit is for alleged infringement of the Frank patent, No. 2,210,755, issued August 6, 1940, covering a purse kit, and also for unfair competition. There is no diverse citizenship between the parties, and federal jurisdiction is predicated entirely on the claim of patent infringement.

The complaint is admirably short and concise; after alleging that the defendant is…

2Cases cited5 opinions

  1. Hurn v. OurslerSupreme Court of the United States · 1933
  2. Lewis v. Vendome Bags, Inc.Court of Appeals for the Second Circuit · 1939
  3. Foster D. Snell, Inc. v. PottersCourt of Appeals for the Second Circuit · 1937
  4. Warner Publication, Inc. v. PopuLar Publications, Inc.Court of Appeals for the Second Circuit · 1937
  5. Electric Auto-Lite Co. v. P. & D. MFG. CO.Court of Appeals for the Second Circuit · 1940

3Cited by2 opinions

  1. Application of Mogen David Wine CorporationCourt of Customs and Patent Appeals · 1964
  2. Application of Mogen David Wine CorporationCourt of Customs and Patent Appeals · 1964

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