U.S. Circuit Court for the District of Eastern Pennsylvania December 23, 1892, No. 28 (Prince's Metallic Paint Co. v. Prince Manuf'g Co.)

BUTLER, District Judge.

The cause of action set out is the infringement of a common-law trade-mark, registered in pursuance of the federal statute of 1881. The defense consists in a denial of our jurisdiction, and of the plaintiff's title, an allegation that he is concluded by a decision of the court of appeals of Hew York (31 H. E. Rep. 990.) and by laches in asserting his alleged rights.