Delbeck & Cie., Societe a Responsabilite Limitee v. Monica

BYERS, District Judge.

These are cross motions for a preliminary injunction in a trade-mark infringement cause. The defendant’s motion is based upon its third defense and counterclaim.

The plaintiff is a corporation of France, which alleges that it has sold its champagne in this country since 1860, except for the interval of national prohibition, under the trade-mark “Delmonico.”

The defendant is an individual whose name is Della Monica, who says he man*1014ufactures champagne in Brooklyn, using French grape juice with Italian grapes and perhaps other ingredients. He has secured a Patent Office…