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TRIANGLE PUBLICATIONS v. ROHRLICH

Nos. 52, 53, Dockets 20682, 20683.

167 F.2d 969 (1948)

TRIANGLE PUBLICATIONS, Inc., v. ROHRLICH et al. ROSENBAUM et al. v. TRIANGLE PUBLICATIONS, Inc.

Circuit Court of Appeals, Second Circuit.

Rehearing Denied May 6, 1948.

Attorney(s) appearing for the Case

Lord, Day & Lord, of New York City (Herbert Brownell, Jr., and Woodson D. Scott, both of New York City, and Murdoch, Paxson, Kalish & Dilworth and Richardson Dilworth, all of Philadelphia, Pa., of counsel), for plaintiff-appellee and cross-appellant in first action, and defendant-appellee in second action.

Pennie, Edmonds, Morton & Barrows, of New York City (George E. Middleton and William M. Pollack, both of New York City, of counsel), for defendants-appellants in first action and for plaintiffs-appellants in second action.

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

AUGUSTUS N. HAND, Circuit Judge.

The plaintiff, Triangle Publications, Inc., a Delaware corporation, has published since September 1944 a girls' magazine entitled "Seventeen," for which a trade-mark registration was granted to plaintiff on January 9, 1945, for a "monthly magazine devoted to the interests of girls." In February 1945, the defendants, citizens of New York, adopted "Miss Seventeen Foundations Co." as a partnership name under which to make and sell girdles...

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