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GEORGE W. LUFT CO. v. ZANDE COSMETIC CO.

No. 155.

142 F.2d 536 (1944)

GEORGE W. LUFT CO., Inc., v. ZANDE COSMETIC CO., Inc., et al.

Circuit Court of Appeals, Second Circuit.

May 9, 1944.

Attorney(s) appearing for the Case

Frederick L. Kane, of New York City (Maurice J. Moore, of New York City, of counsel), for appellants.

Breed, Abbott & Morgan, of New York City (Charles H. Tuttle and Gerald J. Craugh, both of New York City, of counsel), for appellee.

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

SWAN, Circuit Judge.

This is a suit under the Federal Trade-Mark Act, 15 U.S.C.A. § 81 et seq., for infringement of the plaintiff's registered trade-mark "Tangee", and for unfair competition. All of the parties are residents of the state of New York. Both the plaintiff and the corporate defendant, which is owned and dominated by the individual defendant, are engaged in the business of manufacturing and selling cosmetics, principally lipsticks. In an opinion reported...

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