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WARNER PUBLICATION v. POPULAR PUBLICATIONS

No. 168.

87 F.2d 913 (1937)

WARNER PUBLICATION, Inc., v. POPULAR PUBLICATIONS, Inc.

Circuit Court of Appeals, Second Circuit.

February 8, 1937.

Attorney(s) appearing for the Case

Swiger, King & Chambers, of New York City (Edwin J. Harragan, of New York City, of counsel), for appellant.

Schultz Brothers, of New York City (Joseph Schultz and Henry Edward Schultz, both of New York City, of counsel), for appellee.

Before MANTON, SWAN, and CHASE, Circuit Judges.

SWAN, Circuit Judge.

The plaintiff, publisher of a magazine entitled "Ranch Romances," brought suit for an injunction and accounting against the defendant, publisher of a magazine entitled "Rangeland Romances." Both are within the so-called "pulp" magazine field. The bill of complaint charges, in a first count, infringement of a registered trademark, and, in a second count, unfair competition. Both parties are New York corporations. The bill was filed August 1, 1935...

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