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HOUSE OF WESTMORE v. DENNEY

No. 8707.

151 F.2d 261 (1945)

HOUSE OF WESTMORE, Inc., v. DENNEY.

Circuit Court of Appeals, Third Circuit.

Decided August 21, 1945.

Attorney(s) appearing for the Case

Wm. Barclay Lex, of Philadelphia, Pa. (John Ross Kennard N. Ware, Norris, Lex, Hart & Eldredge and Howson & Howson, all of Philadelphia, Pa., on the brief), for appellant.

Samuel E. Darby, Jr., of New York City (Paul & Paul, of Philadelphia, Pa., and Walter A. Darby and Abraham I. Menin, both of New York City, on the brief), for appellee.

Before BIGGS, Circuit Judge, and FORMAN and LEAHY, District Judges.

FORMAN, District Judge.

Appellant, Frances Denney, is the manufacturer of a cosmetic preparation sold under the registered trade-mark "Over-Tone," issued January 21, 1941, as No. 384,464. The product consists of a solid dry cake packaged in a round flat compact, distinctive in color and design.

Appellee, House of Westmore, Inc., is the manufacturer of a cosmetic preparation sold under the registered trade-mark "Overglo," issued January 5, 1943, as No. 399...

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