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MAGAZINE PUBLISHERS v. ZIFF-DAVIS PUB. CO.

No. 190.

147 F.2d 182 (1945)

MAGAZINE PUBLISHERS, Inc., v. ZIFF-DAVIS PUB. CO. et al.

Circuit Court of Appeals, Second Circuit.

January 30, 1945.

Attorney(s) appearing for the Case

Samuel A. Fried, of New York City (Edwin Levisohn and Harry Cohen, both of New York City, of counsel), for plaintiff-appellant.

Hays, St. John, Abramson & Schulman, of New York City (John Schulman, of New York City, Bailey Stanton and S. J. Stanton, both of Chicago, Ill., and William Klein II, of New York City, of counsel), for defendants-appellees.

Before CHASE, CLARK, and FRANK, Circuit Judges.

CHASE, Circuit Judge.

The defendant Ziff-Davis Publishing Company is an Illinois corporation engaged in the publication of magazines, and the defendant American News Company is a distributor of magazines including those published by Ziff-Davis. The plaintiff, which is a New York corporation and publishes magazines, brought suit in the New York Supreme Court against both defendants for an injunction, an accounting and damages, charging trade-mark infringement and unfair...

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