The opinion of the court was delivered by: WALKER
The following are the facts found specially:
1. 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, to wit: approximately 80,000 members, with its headquarters and principal office in the City of Indianapolis, County of Marion and State of Indiana.
2. Typographical is composed of a Board of Officers, consisting of a president, vice presidents, secretary, treasurer and an executive council, in addition to its membership of which the officers and executive council are a part, and the officers and members of the executive council are citizens and residents of states other than New Jersey.
3. Some of the members of Typographical are citizens of the State of New Jersey.
4. The members of Typographical constitute a class so numerous, it is impracticable to bring them before the court. Typographical therefore, by resolution regularly moved, seconded and carried, designated Claude M. Baker, Francis G. Barrett, John Connolly and Woodruff Randolph, its president, first vice president, second vice president and secretary and treasurer, respectively, of the City of Indianapolis in the State of Indiana, and Thomas Martin, its third vice president of the City of Cleveland in the State of Ohio, who are also all of the members of its executive council, as the sole representatives to bring this action on behalf of all the members of Typographical, and they fairly insure the adequate representation of all said members. They will be hereinafter referred to as "Typographical".
5. The character of the right sought to be enforced for the members of Typographical as a class is common.
6. On September 26, 1939, the United States Patent Office registered Typographical's label as a trademark under No. 371429, for use on certain goods in Class 37 (paper and stationery).
8. On May 2, 1936, the defendant, Masters, filed in the office of the Secretary of State of New Jersey its statement for the registration of the trademark "Master Printers Union Label of New Jersey", under the laws of New Jersey.
9. Typographical by its amended complaint seeks to restrain the alleged infringement of its trademark (label), and to restrain the alleged unfair competition in the defendant's use of a label similar to its and such other relief as may be granted.
10. Typographical has not established an actual or an immediately threatened use of the defendant's label in interstate commerce.
11. Typographical has spent money and has done many things to advertise its trademark (label) and enhance the value of its good will, all of which are here sought to be protected ...