District Court, S.D. New York August 14, 1950, Civ. 51-45 (P. Beiersdorf & Co. v. Duke Laboratories, Inc.)

McGOHEY, District Judge.

This is an action for trademark infringement and unfair competition commenced on July 20, 1949. Both plaintiff and defendant are New York corporations. On December 9, 1947, plaintiff’s entire capital stock was vested and seized by the Attorney General of the United States from the former German owners under the Trading with the Enemy Act.

Defendant moves under 28 U.S.C.A.