AMERICAN PHOTOGRAPHIC PUB. CO. v. ZIFF-DAVIS PUB. CO.

No. 8174.

135 F.2d 569 (1943)

AMERICAN PHOTOGRAPHIC PUB. CO. v. ZIFF-DAVIS PUB. CO.

Circuit Court of Appeals, Seventh Circuit.

May 7, 1943.


Attorney(s) appearing for the Case

Geo. P. Dike, Cedric W. Porter, Dike, Calver & Porter, Lurie & Alper, and Israel Gorovitz, all of Boston, Mass., for appellant.

Bailey Stanton, S. J. Stanton, Wm. McK. Gleeson, Roy W. Hill, and Stanton & Stanton, all of Chicago, Ill., for appellee.

Before EVANS and KERNER, Circuit Judges, and LINDLEY, District Judge.


KERNER, Circuit Judge.

Plaintiff, American Photographic Publishing Company, appeals from a decree dismissing, for want of equity, its complaint alleging infringement of its common law trade-mark and unfair competition. Jurisdiction rested on diversity of citizenship and the requisite jurisdictional amount.

The facts are not in dispute. On October 27, 1914, plaintiff, a Massachusetts corporation, purchased from Frank R. Fraprie a magazine entitled "Popular...

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