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INTERNATIONAL ALLIED PRINTING TRADES ASS'N v. MAST

August 2, 1940

INTERNATIONAL ALLIED PRINTING TRADES ASS'N et al.
v.
MASTER PRINTERS UNION OF NEW JERSEY



The opinion of the court was delivered by: WALKER

Findings of Fact

This matter comes before the Court, without a jury, and the following are the facts found specially: *fn1"

 1. International Allied Printing Trades Association (hereinafter called "Allied") is a voluntary unincorporated association or union of working men (printers), consisting of more than seven members, composed of the International Typographical Union of North America, the International Printing Pressmen and Assistants' Union, the International Brotherhood of Bookbinders, the International Stereotypers and Electrotypers' Union, and the International Photo-engravers' Union, with headquarters and principal office in the City of Indianapolis, County of Marion and State of Indiana.

 2. International Typographical Union (hereinafter called "Typographical") is a voluntary association and a trade union composed of working men (printers), commonly known as "Typographers", consisting of more than seven members, with its headquarters and principal office in the City of Indianapolis, County of Marion and State of Indiana.

 3. Allied and Typographical state they bring this action by Printers League of New Jersey, also known as Union Printers League of New Jersey *fn2" (hereinafter called "Printers"), an unincorporated voluntary association or trade union made up of union working men (printers), residing in the State of New Jersey and State of New York, as attorney in fact; however, they are the real parties in interest and the action is for them and by them.

 4. Allied is composed of a board of officers, consisting of a president, vice president, secretary, treasurer and an executive council, and all of said officers and members of the executive council are citizens and residents of states other than New Jersey.

 5. Typographical is composed of a board of officers, consisting of a president, vice president, secretary, treasurer and an executive council, and all of said officers and members of the executive council are citizens and residents of states other than New Jersey.

 6. Some of the members of Allied and Typographical are citizens of the State of New Jersey.

 7. On September 26, 1939, the United States Patent Office registered Allied's label as a trade-mark under #371428, for use on certain goods in Class 37 (paper and stationery).

 7A. On January 16, 1914, Allied filed in the office of the Secretary of the State of New Jersey, its application for the registration of its label under the laws of New Jersey.

 8. On September 26, 1939, the United States Patent Office registered Typographical's label as a trade-mark under #371429, for use on certain goods in Class 37 (paper and stationery).

 9. The defendant, Master Printers Union of New Jersey (hereinafter referred to as "Masters"), is a corporation incorporated in the State of New Jersey on May 5, 1936.

 10. On May 2, 1936, the defendant, Masters, filed in the office if the Secretary of State of New Jersey, its statement for the registration of the trade-mark "Master Printers Union ...


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