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MULHENS & KROPFF v. FERD. MUELHENS

No. 342.

43 F.2d 937 (1930)

MULHENS & KROPFF, Inc., v. FERD. MUELHENS, Inc.,

Circuit Court of Appeals, Second Circuit.

August 5, 1930.

Attorney(s) appearing for the Case

Manvel Whittemore and Lucius E. Varney, both of New York City (Emory R. Buckner, of New York City, of counsel), for plaintiff.

Katz & Sommerich, of New York City (Maxwell C. Katz, Milton Handler, Raymond T. Heilpern, and Edwin M. Borchard, all of New York City, of counsel), for defendant.

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

SWAN, Circuit Judge.

The very thorough and able opinion of the District Court sets forth the facts in great detail. We shall repeat them only so far as seems necessary to outline the controversy and to present the questions which we deem decisive of this appeal.

The litigation is between two New York corporations, each using, and claiming the right to use, the trade-mark "4711" upon eau de cologne and other toilet...

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