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LUCIEN LELONG, INC. v. LANDER CO.

No. 57, Docket 20725.

164 F.2d 395 (1947)

LUCIEN LELONG, Inc., v. LANDER CO., Inc.

Circuit Court of Appeals, Second Circuit.

December 4, 1947.

Attorney(s) appearing for the Case

David S. Kane, of New York City (Duell & Kane, of New York City, and Harold S. Walters and Charles W. Hills, both of Chicago, Ill., on the brief), for plaintiff-appellant.

Asher Blum, of New York City (Mock & Blum, of New York City, on the brief), for defendant-appellee.

Before SWAN, CHASE, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

This is an action for unfair competition where the two parties involved sell the same type of product in the same style of bottle. The product is cologne. The bottle is ball-shaped, long-necked. Each identifies its product with a label entirely encircling the long narrow neck of the bottle. The labels are of different color and, as to be expected, carry different printed matter. The action was instituted in 1944, and jurisdiction was based upon...

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