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DUPONT CELLOPHANE CO. v. WAXED PRODUCTS CO.

No. 266.

85 F.2d 75 (1936)

DUPONT CELLOPHANE CO., Inc., v. WAXED PRODUCTS CO., Inc.

Circuit Court of Appeals, Second Circuit.

July 17, 1936.

Attorney(s) appearing for the Case

Watson, Bristol, Johnson & Leavenworth, of New York City (Thomas D. Thacher, Ellis W. Leavenworth, and L. A. Janney, all of New York City, of counsel), for defendant-appellant.

Nims & Verdi, of New York City (Harry D. Nims, C. R. Mudge, of Wilmington, Del., and J. Hanson Boyden, of Washington, D. C., of counsel), for complainant-appellee.

Hugh M. Morris, of Wilmington, Del., amicus curiæ speaking for Societe LaCellophane, Kalle & Co. Aktiengesellschaft, The Cellophane Company, Limited.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

This is a suit brought by the complainant, a wholly owned subsidiary of E. I. DuPont de Nemours & Co., for the infringement by the defendant of the alleged trade-mark "Cellophane" through using the same in connection with goods not of the complainant's manufacture.

The defendant purchases goods from Sylvania Industrial Corporation, which is a manufacturer of cellulose transparent sheets and is one of the complainant's principal...

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