Smith & Wesson, Inc. v. Galef

WINSLOW, District Judge.

This is a motion for a preliminary injunction by the plaintiff corporation to restrain the defendant from the use of the registered trade-mark “S. & W.,’’ or any simulation thereof, on pistols or firearms, or from selling or offering for sale any pistol or other firearm bearing such trade-mark, or one so similar as to be likely to deceive the public.

The plaintiff is a corporation organized under the laws of Massachusetts. The defendant is a citizen of the state of New York, having his place of business in the Southern district of New York. The trademark of the…