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POPULAR MECHANICS CO. v. FAWCETT PUBLICATIONS

No. 6265.

92 F.2d 181 (1937)

POPULAR MECHANICS CO. v. FAWCETT PUBLICATIONS, Inc.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied September 25, 1937.

Attorney(s) appearing for the Case

Hugh M. Morris and Alexander L. Nichols, both of Wilmington, Del. (Edward S. Rogers, of New York City, and William T. Woodson, and E. K. Lundy, both of Chicago, Ill., of counsel), for appellant.

Chester W. Johnson, of Minneapolis, Minn., and Dan J. O'Connell, of Chicago, Ill. (Marvel, Morford, Ward & Lohan and Arthur G. Logan, all of Wilmington, Del., of counsel), for appellee.

Before BUFFINGTON, DAVIS, and BIGGS, Circuit Judges.

DAVIS, Circuit Judge.

This is an appeal from a final decree of the District Court (entered upon the mandate from this court) refusing to allow an accounting for damages and profits.

This suit was originally brought in the District Court for the infringement of a trade-mark and unfair competition. The plaintiff, Popular Mechanics Company, has published its magazine, "Popular Mechanics," since 1902. "Popular Mechanics...

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