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TURNER & SEYMOUR MFG. CO. v. A. & J. MFG. CO.

No. 348.

20 F.2d 298 (1927)

TURNER & SEYMOUR MFG. CO. v. A. & J. MFG. CO. et al.

Circuit Court of Appeals, Second Circuit.

June 16, 1927.

Attorney(s) appearing for the Case

Cooper & Terry, of Binghamton, N. Y., and Dyer Smith, of New York City, for plaintiff.

Davies, Auerbach & Cornell, of New York City (Martin A. Schenck and Thomas J. Byrne, both of New York City, of counsel), for defendants.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

MANTON, Circuit Judge.

The parties will be referred to as below. The plaintiff had issued to it on October 2, 1923, a registered trade-mark, No. 173,922, and No. 188,983, issued on September 9, 1924. They covered, respectively, "Blue Whirl" accompanied by a symbol as a trade-mark for egg beaters, and "Blue Streak" accompanied by a symbol as a trade-mark for a can opener. The decree below enjoins the defendants from (a) selling or offering for sale egg beaters having...

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