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BLUE BELL, INC. v. JAYMAR-RUBY, INC.

Nos. 752, 829, Dockets 73-2398, 73-2380.

497 F.2d 433 (1974)

BLUE BELL, INC., Plaintiff-Appellant, v. JAYMAR-RUBY, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 17, 1974.

Attorney(s) appearing for the Case

Walter D. Ames, Washington, D. C. (Watson, Cole, Grindle & Watson, Washington, D. C., Aaron B. Karas, New York City, of counsel), for plaintiff-appellant.

Robert M. Newbury, Chicago, Ill. (Pattishall, McAuliffe & Hofstetter, David C. Hilliard, Chicago, Ill. and Elihu Inselbuch, New York City, of counsel), for defendant-appellee.

Before KAUFMAN, Chief Judge, CLARK, Associate Justice, and SMITH, Circuit Judge.

J. JOSEPH SMITH, Circuit Judge:

These are cross-appeals from an order of the United States District Court for the Southern District of New York, Whitman Knapp, Judge, dismissing plaintiff's trademark infringement action and defendant's counterclaim for attorneys' fees. We affirm although on grounds somewhat different from those of the district court.

I. PLAINTIFF'S INFRINGEMENT ACTION

Plaintiff's contention that its "Jeanie" trademark on its women...

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