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BELDEN v. ZOPHAR MILLS

No. 368.

34 F.2d 125 (1929)

BELDEN v. ZOPHAR MILLS, Inc.

Circuit Court of Appeals, Second Circuit.

June 17, 1929.

Attorney(s) appearing for the Case

Hauff & Warland, of New York City (William E. Warland, of New York City, of counsel), for appellant.

Kenyon & Kenyon, of New York City (Theodore S. Kenyon and Cedric W. Porter, both of New York City, of counsel), for appellee.

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

MANTON, Circuit Judge.

Appellant sued for infringement of a registered trademark "Pycnoleum." The appellee answered, making a denial, and asking affirmative relief alleging its ownership of the trade-mark "Pycnoleum," by reason of a subsequent registration, and demanded an injunction and an accounting. The court below dismissed the plaintiff's bill, and granted a decree of infringement on the counterclaim, but denied an accounting...

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