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TIME, INC. v. ULTEM PUBLICATIONS

No. 264.

96 F.2d 164 (1938)

TIME, INC., v. ULTEM PUBLICATIONS, Inc.

Circuit Court of Appeals, Second Circuit.

April 4, 1938.

Attorney(s) appearing for the Case

Cravath, de Gersdorff, Swaine & Wood, of New York City (William D. Whitney, John F. Harding, and Harold R. Medina, Jr., all of New York City, of counsel), for appellant.

Louis H. Solomon, of New York City (Neilson Olcott, of New York City, William Britton Stitt, of New York City, of counsel), for appellee.

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

PER CURIAM.

We see no reason to disturb the disposition made below as to the name, "Life," or the use of block letters. Whatever may be the situation after a trial, the plaintiff has not yet shown why it should be allowed to monopolize the word as a title for a picture magazine, and the added fact that it is written in block letters is scarcely more than a make-weight, if indeed it is as much. However, it appears to us that the make-up, or "lay-out," of the defendant...

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