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ARTYPE, INCORPORATED v. ZAPPULLA

No. 110, Docket 23500.

228 F.2d 695 (1956)

ARTYPE, INCORPORATED, Appellant, v. Joseph ZAPPULLA, doing business as Art-Type Service, Appellee.

United States Court of Appeals Second Circuit.

Decided January 3, 1956.

Attorney(s) appearing for the Case

I. Irving Silverman, Chicago, Ill., Edmund F. Lamb, New York City, for appellant.

Rosario Ingargiola, Brooklyn, N. Y., for appellee.

Before HAND, FRANK and MEDINA, Circuit Judges.

HAND, Circuit Judge.

The complaint in this case was upon two claims for relief: one, for the infringement of Registered Trade-Mark No. 509850; the other, for unfair competition. The trade-mark was the word, "Artype," "when used upon letters, symbols, marks, insignia, and similar matter capable of conveying intelligence, applied by various reproducing processes to transparent self-adhering sheets, adapted to be cut up for application of desired portions of said matter...

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