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CROWELL PUB. CO. v. ITALIAN MONTHLY CO.

28 F.2d 613 (1928)

CROWELL PUB. CO. v. ITALIAN MONTHLY CO., Inc.

District Court, S. D. New York.

January 31, 1928.

Attorney(s) appearing for the Case

White & Case, of New York City, for plaintiff.

De Pasquale & Marcantonio, of New York City (C. C. Cousins and F. H. La Guardia, both of New York City, of counsel), for defendant.

GODDARD, District Judge.

The plaintiff, the publisher of "The American Magazine," makes this motion for a preliminary injunction restraining the defendant from publishing its magazine under the name of "The New American."

"The American Magazine's" outside cover consists of a vividly colored illustration upon a white background, with shaded type. The size of its pages is 8½ inches wide by 11½ inches long. It sells for 25 cents a copy, and has a circulation...

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