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INDUSTRIAL RAYON CORP. v. DUTCHESS UNDERWEAR CORP.

No. 424.

92 F.2d 33 (1937)

INDUSTRIAL RAYON CORPORATION v. DUTCHESS UNDERWEAR CORPORATION.

Circuit Court of Appeals, Second Circuit.

July 19, 1937.

Attorney(s) appearing for the Case

Sullivan & Cromwell, of New York City, and Tolles, Hogsett & Ginn, of Cleveland, Ohio (Inzer B. Wyatt, of New York City, and Louis S. Peirce, of Cleveland, Ohio, of counsel), for complainant-appellant.

Herbert Kaufman, of New York City (Asher Blum and Hugo Mock, both of New York City, of counsel), for defendant-appellee.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

This is a suit to enjoin infringement of complainant's registered trade-mark "Spunlo" and to restrain unfair competition by the defendant because of the use of the mark "Sunglo" by the latter on competing goods. No accounting is prayed for. The District Court dismissed the bill on the ground that the word "Sunglo" had been used by others prior to registration or use of "Spunlo" by the complainant, and the latter appeals. For reasons...

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