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FRATELLI BRANCA & CO. v. PAGLIARO

DISTRICT COURT, W.D. PENNSYLVANIA


December 17, 1940

FRATELLI BRANCA & CO., Inc.,
v.
PAGLIARO et al.

The opinion of the court was delivered by: GIBSON

GIBSON, District Judge.

The complainant alleges infringement of its trade-mark and unfair competition, and has moved for a preliminary injunction.

Despite the fact that it made out a prima facie case by the evidence produced upon the hearing upon said motion, the court feels that the motion must be refused. The function of a preliminary injunction is to maintain the status quo, and a temporary injunction would have the opposite effect. If violations of plaintiff's trade-mark exist, and continue, plaintiff may recover damages therefor on final hearing (which the court will list for an early date in January next upon application therefor).

19401217

© 1992-2004 VersusLaw Inc.



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